Chhotelal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9621 of 2026 Arising Out of PS. Case No.-355 Year-2025 Thana- GHORASAHAN District- East Champaran ====================================================== Chhotelal Thakur, Son of Jay Ram Thakur, Resident of village-Pithwa, Jamuniya, Police Station - Ghorasahan, District - East Champaran, Bihar ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Savitesh Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner is not named in the F.I.R. and apprehending his arrest in connection with Ghorasahan P.S. Case No.355 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioner is to have in possession of 42.60 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired in this

Patna High Court CR. MISC. No.9621 of 2026(2) dt.17-02-2026 2/3 case only for the reason that he is the registered owner of the motorcycle from where alleged recovery of illicit liquor was made. It is submitted that seizure list was not supported by independent witnesses rather same was supported by police personnel. It is submitted that the recovery of illicit liquor was not made from conscious physical possession of this petitioner, who claims to be a man of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-3, East Champaran, Motihari/concerned court in connection with Ghorasahan P.S. Case No.355 of 2025,

Patna High Court CR. MISC. No.9621 of 2026(2) dt.17-02-2026 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J.) Sanjeet/- U T