Anand Kumar Thakur vs. The State Of Bihar
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The petitioner, Anand Kumar Thakur, sought bail in connection with Haraiya P.S. Case No. 21 of 2024. The prosecution alleged recovery of 4,000 liters of spirit from a godown belonging to I.P. Road Lines India Pvt. Ltd., with a co-accused arrested at the scene. The petitioner claimed innocence, stating false implication due to local politics. He asserted no incriminating material was recovered from his possession and he had no connection with the recovered spirit or the transporter, I.P. Road Lines. The petitioner's GST number was allegedly used by the transporter without his knowledge or permission. He also claimed no relation with other co-accused and highlighted non-compliance with Section 103 of the B.N.S.S. The petitioner had been in judicial custody since October 26, 2024, and had no criminal antecedents.
Held
The Court granted bail to the petitioner, Anand Kumar Thakur. The decision was based on considering the rival contentions of both parties, the entire facts and circumstances of the case, the period of custody of the petitioner, and the fact that the petitioner had no criminal antecedents. The Court directed that the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the concerned court. Conditions were imposed, including that one bailor must be a close family member and the petitioner must cooperate with the trial, be properly represented on each date, and remain physically present as directed. Failure to appear on two consecutive dates without sufficient reason could lead to cancellation of bail. The Court did not expressly leave any issue undecided.
Key Issues
The primary issue before the Court was whether the petitioner, Anand Kumar Thakur, should be granted bail in Haraiya P.S. Case No. 21 of 2024. The petitioner argued that he was innocent, falsely implicated, and that his GST number was used by the transporter without his consent. He contended that no incriminating material was recovered from his possession and he had no connection with the recovered spirit or the co-accused. He also raised a procedural issue regarding non-compliance with Section 103 of the B.N.S.S. The State, represented by the learned APP, opposed the bail application, arguing that the petitioner, in collusion with others, was involved in the large-scale transportation and supply of spirit for liquor preparation. The State relied on confessional statements of co-accused Murat Sah (Para-37 of the case diary) and Rakesh Kumar Gupta (Para-54 of the case diary) implicating the petitioner.
Sections Cited
Section 103 of the B.N.S.S.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 3 29-01-2025 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner and learned APP for the State. Perused the case diary Called for in Cr. Misc. No. 88233 of 2024. 2. The petitioner seeks bail in connection with Haraiya P.S. Case No. 21 of 2024 instituted for the offences under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the B.N.S. and Sections 30(a), 41(1), 31, 33, 38 and 47 of the Bihar Prohibition and Excise Act.
As per prosecution case, the police has recovered total 4,000 liters spirit from the godown of the I P Road Lines India Pvt. Ltd. It is alleged that the co-accused Awadhesh Kumar Srivastava was arrested on spot.
2/4
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against them and has falsely been implicated in the present case on the basis of local politics. He further submits that nothing incriminating has been recovered from the conscious or unconscious possession of the petitioner. The petitioner is neither owner nor concerned with the alleged recovered spirits and has nothing to do with the present case. The petitioner never indulged in transportation of spirit like substance either through I.P. Road Lines or other transporters. The name of the petitioner has transpired in this case only because the I.P. Road Lines transporter and his staffs were illegally using the GST number of the petitioner without his permission or knowledge. The petitioner has never dealt with the alleged I.P. Road Lines in any way at any point of time. The petitioner has also no relation with the other co-accused persons. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 26.10.2024 without any rhymes or reason.
On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner 3/4 stating that the petitioner in collusion with each other used to bring the spirit for supply in large scale for preparation of liquor. He further submits that in Para-37 of the case diary, the co- accused namely Murat Sah has confessed his own involvement as well as of petitioners in transportation and supply of spirit, which is used in preparation of liquor. In Para-54, there is also a confessional statement of the co-accused Rakesh Kumar Gupta who has also confessed his involvement in transportation and supply of spirit.
Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Haraiya P.S. Case No. 21 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner. (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the 4/4 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
rishi/- (Rudra Prakash Mishra, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.