Abhinandan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73671 of 2025 Arising Out of PS. Case No.-772 Year-2025 Thana- Excise P.S. District- Purnia ====================================================== Abhinandan Thakur, S/o Late Babjan Thakur @ Babujan Thakur, R/o VillageBahelia Sthan, Ward No. 6, P.S.- Mirganj, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-10-2025 Heard Mr. Amit Kumar Anand, learned counsel for the petitioner and Mr. Akbar Ali, learned APP for the State.

2. Petitioner seeks regular bail in connection with Excise P.S. Case No. 772 of 2025 dated 07.09.2025 registered for the offences punishable under sections 30(a) and 47 of the Bihar Prohibition & Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 76.285 litres of foreign liquor from a vehicle (Piaggio Ape Tempo), though the petitioner was found in the said vehicle at the time of recovery but he was present simply being as the driver of the said vehicle, having no knowledge of the loaded liquor, which was put in a secret place in the alleged vehicle, in fact the petitioner was performing his duty as per the direction given by the vehicle's owner and he has been made a scapegoat

Patna High Court CR. MISC. No.73671 of 2025(2) dt.16-10-2025 2/2 merely on account of being present in the alleged vehicle. It is further submitted that there is no independent witness to the alleged recovery and there are only police officials, who have been made witnesses of the search and seizure, so, the release of the petitioner will not affect the prosecution in any manner. It is lastly submitted that the petitioner's past is completely clean and he has never remained involved in any activity similar to the present matter.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Considering the above stated facts and mainly the petitioner's fair and clean antecedent and his custody period, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Excise P.S. Case No. 772 of 2025. (Shailendra Singh, J) annu/- U T