Rajendra Prasad Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55512 of 2025 Arising Out of PS. Case No.-872 Year-2024 Thana- BIHTA District- Patna ====================================================== Rajendra Prasad Thakur, (Male), aged about 69 years, S/o Ram Das Thakur, Resident of Rampur Garikhana, Near-Bank of India, P.S.- Khagaul, DistrictPatna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Yogesh Kumar, Advocate For the Opposite Party :
Mrs. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Bihta P.S. Case No. 872 of 2024 dated 16.09.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, total 144.42 litres of illicit foreign liquor was recovered from the Alto Car.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested on the spot. It is submitted that no incriminating article has been recovered from
Patna High Court CR. MISC. No.55512 of 2025(2) dt.12-09-2025 2/3 the possession of the petitioner. The name of the petitioner has surfaced in the present case only because the petitioner is the registered owner of the said Alto car from which 144.42 litres of illicit foreign liquor was recovered. It is further submitted that the petitioner is an old person aged about 69 years old and the Alto Car of the petitioner was used by his Manager, namely, Arun Kumar Singh, who looks after his real estate business. The apprehended co-accused person, namely, Prince Kumar @ Golu, has also not named the petitioner. The petitioner has no concern with the seized illicit liquor and he had no knowledge that the illicit liquor was kept in the said Alto Car. It is further submitted that the other co-accused person, namely, Prince Kumar @ Golu has already been granted regular bail by a Bench of this Court in Cr. Misc. No. 88378 of 2024 vide order dated 15.02.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, the petitioner, above named, in the event of his arrest or surrender within a period of six weeks from today, is directed
Patna High Court CR. MISC. No.55512 of 2025(2) dt.12-09-2025 3/3 to be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Bihta P.S. Case No. 872 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T