Chandan Thakur Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Chandan Thakur Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender in the Court below within four weeks from 04-08-2025 and, upon arrest or surrender in connection with Kuchaikote P.S. Case No.421 of 2022, to be enlarged 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 learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court No. II, Gopalganj, subject to conditions laid down under section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Kuchaikote P.S. Case No. 421 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, should be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances, the Court inclined to enlarge the petitioner on bail: petitioner directed to surrender in the Court below within four weeks and, in the event of arrest or surrender in connection with Kuchaikote P.S. Case No.421 of 2022, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court No. II, Gopalganj, subject to the conditions laid down under section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail - Section 30(a), Bihar Prohibition and Excise Amendment Act - Kuchaikote P.S. Case No. 421 of 2022, District Gopalganj - prosecution case of recovery of 45 liters of country-made liquor from a bike occupied by one Ritesh Kumar; petitioner alleged to have been implicated on the basis of Ritesh Kumar's confessional statement - counsel submitted petitioner neither apprehended on the spot nor any incriminating article recovered from his conscious possession - no one present for the State - Court enlarged petitioner on anticipatory bail: surrender within four weeks; bail on bond of Rs. 10,000/- with two sureties of like amount each before learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court No. II, Gopalganj, subject to section 438(2) Cr.P.C. conditions. (Ashok Kumar Pandey, J; oral order dated 04-08-2025.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45667 of 2025

Arising Out of PS. Case No.-421 Year-2022 Thana- KUCHAIKOTE District- Gopalganj

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

Chandan Thakur Son of Daroga Thakur Resident of Village- Raja Ram Barnaiyan, P.S.- Gopalpur, District - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : None ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 04-08-2025

Heard learned counsel for the petitioner.

2.The instant application for anticipatory bail has been

filed by the petitioner apprehending his arrest in connection with Kuchaikote P.S. Case No. 421 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

The case of the prosecution is that one Ritesh Kumar was apprehended with a bike and from that bike, altogether 45 liters of country-made liquor was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that on the basis of confessional statement of one Ritesh Kumar, this petitioner has been apprehended. He

Patna High Court CR. MISC. No.45667 of 2025(2) dt.04-08-2025 2/2

further submits that neither the petitioner was apprehended on the spot nor any incriminating article has been recovered from his conscious possession.

No one is present to represent the State.

Having heard learned counsel for the parties and in

the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kuchaikote P.S. Case No.421 of 2022, he will be enlarged 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 learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court No. II, Gopalganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J)

Sudhanshu/-

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