Pawan Ramchandra Thakur @ Pawan Kumar Thakur @ Pawan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66322 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Pawan Ramchandra Thakur @ Pawan Kumar Thakur @ Pawan Thakur Son of Late Ramchandra Thakur R/o - Rahua, Ward No.07, P.S - Nanpur, (Bokhara), District - Sitamarhi, Bihar ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Madhwapur P.S. Case No. 06 of 2025 dated 06.01.2025 registered under Sections 274, 275 of BNS and Section 30(a), of the Bihar Prohibition and Excise Amendment Act.

3. As per the first information report, altogether 135 liters of illicit liquor has been recovered from a Maruti Car bearing registration No. MH02BR 4405. The driver of the car managed to flee away. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the ground that the seized Maruti Car belongs to him. It has next been submitted that the petitioner resides out of the State and the said

Patna High Court CR. MISC. No.66322 of 2025(2) dt.24-09-2025 2/3 car was sent for repairing at Sonu Automobiles, Jhajhihat Road, Pupri, from-where his car was misused for carrying out such an illegal activity. The petitioner was not at all aware about his car being misused by the accused person. The petitioner is nowhere connected with the said incident of recovery of illicit liquor and nothing has been recovered from the conscious possession of the petitioner or from his premises and he has got clean antecedent.

5. Learned APP vehemently opposes the prayer for anticipatory bail of the petitioner submitting that the quantity of recovered illicit liquor is huge and the same has been recovered from the car belonging to the petitioner.

6. Taking into consideration the submissions made by the parties and the fact that illicit liquor has not been recovered from the conscious possession and / or from the premises belonging to the petitioner rather it was recovered from his car which was being driven by some one else at the time of recovery and he has got no criminal antecedent, accordingly, I am inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the

Patna High Court CR. MISC. No.66322 of 2025(2) dt.24-09-2025 3/3 court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise Act), Madhubani in connection with aforesaid PS Case subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023. (Ajit Kumar, J) perwez U T