Shravan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35469 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Shravan Thakur S/o Shivan Thakur R/o Village- Khajuri, PS- Town, DistrictMadhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jitendra Kumar Bharti, Advocate For the State :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Town P.S. Case No.100 of 2025, dated.11.03.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation, 75 litre of illicit liquor has been recovered from a bush situated behind the house of the petitioner. As per the further case of the police, they had got secret information that the petitioner is involved in the business of illicit liquor.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35469 of 2025(2) dt.18-06-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has nothing to do with the alleged offence. He further submits that there is no cogent evidence in support of the prosecution, and hence, anticipatory bail application is maintainable because no prima facie case is made out under the Excise Act.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Town P.S. Case No.100 of 2025, subject to the conditions

Patna High Court CR. MISC. No.35469 of 2025(2) dt.18-06-2025 3/3 as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T