Rakesh Kumar Thakur @ Mantu Thakur @ Rakesh Thakur @ Mantu… — Anticipatory Bail | Patna HC (2025)

Rakesh Kumar Thakur @ Mantu Thakur @ Rakesh Thakur @ Mantu… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail, upon arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, before the learned Exclusive Special Excise Court No. III, East Champaran, at Motihari, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Dumariyaghat Police Station Case No. 274 of 2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. +1 more

Court's answer

The anticipatory bail application is allowed: the petitioner, in the event of arrest or surrender before the Court below within four weeks, is to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. III, East Champaran, at Motihari, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

Having regard to the submissions of the parties, and considering that the petitioner has no criminal antecedent, his name transpired in the case through the chowkidar, and the seized motorcycle does not belong to him, the court was inclined to grant the petitioner the privilege of anticipatory bail.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - Bihar Prohibition and Excise Act, 2016, S. 30(a) - Dumariyaghat PS Case No. 274 of 2024 - petitioner identified only by chowkidar after rider of red-coloured Hero Splendor motorcycle carrying 21.24 litres of illicit liquor fled on sighting police; seized motorcycle does not belong to petitioner; petitioner without criminal antecedent - court grants privilege of anticipatory bail - petitioner, on arrest or surrender within four weeks, to be released on bail bond of Rs. 10,000/- with two sureties of like amount each before learned Exclusive Special Excise Court No. III, East Champaran, at Motihari - subject to condition under S. 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023 - application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1042 of 2025

Arising Out of PS. Case No.-274 Year-2024 Thana- DUMARIAGHAT District- East

Champaran

======================================================

Rakesh Kumar Thakur @ Mantu Thakur @ Rakesh Thakur @ Mantu Kumar Thakur son of Late Fulena Thakur Resident of village - Sareya Baduraha tola, Ps- Dumariyaghat, Dist- East champaran

... ... Petitioner/s

Versus

The State of Bihar bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Sanjay Kumar Tiwary

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 24-02-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dumariyaghat Police Station Case No. 274 of 2024, dated 10.11.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, on secret information that a person was coming on a red-coloured motorcycle along with illicit liquor, started vehicle check and saw a person coming on a red-coloured Hero Splendor motorcycle, who, on seeing the police, succeeded in fleeing away, but was identified by the chowkidar as the petitioner. On search, the police

Patna High Court CR. MISC. No.1042 of 2025(2) dt.24-02-2025 2/3

recovered 21.24 litres of illicit liquor from a sack kept on the motorcycle.

Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the chowkidar. He further submits that the illicit liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner inasmuch as the petitioner is not the registered owner of the seized motorcycle. He further submits that the petitioner has got no criminal antecedent.

Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent, his name transpired in this case by the chowkidar and the seized motorcycle does not belong to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.1042 of 2025(2) dt.24-02-2025 3/3

(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. III, East Champaran, at Motihari, in connection with Dumariyaghat Police Station Case No. 274 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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