Sunil Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44934 of 2026 Arising Out of PS. Case No.-160 Year-2026 Thana- HARLAKHI District- Madhubani ====================================================== Sunil Kumar Thakur S/O Uday Thakur @ Uday Shankar Thakur R/O VillageUmagaon, P.S - Harlakhi, District - Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Harlakhi P.S. Case No.160 of 2026 registered under Sections 274, 275, 3(5) of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 48.72 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.44934 of 2026(2) dt.08-07-2026 2/3 made from a motorcycle, bearing Registration No. BR3253972, which was involved in carrying illegal consignment of liquor. It is also submitted that name of petitioner arrayed solely on the disclosure made by apprehended co-accused, namely, Laxmi Sahni. It is further argued that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Explaining criminal antecedent, it is submitted that the petitioner found involved in five more criminal cases.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released
Patna High Court CR. MISC. No.44934 of 2026(2) dt.08-07-2026 3/3 on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge Excise, Madhubani, in connection with Harlakhi P.S. Case No.160 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Aniket/- U T