Patna High Court
SHIV LAL TUDDUversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Shiv Lal Tuddu sought anticipatory bail after the police linked him to an illegal liquor case (Pirpainti PS Case No. 449 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The prosecution alleged that liquor was recovered from his house, but none was found in his personal possession and the seizure memo lacked signatures of two independent witnesses. The petitioner argued innocence, citing the joint ownership of the house and his clean criminal record. The State opposed the bail, contending the seriousness of the offence. The High Court, noting the lack of direct possession, procedural lapses in the seizure memo, and the petitioner’s clean antecedent, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, along with cooperation in the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the seizure memo’s lack of two independent witnesses invalidates the evidence
- Whether the absence of liquor in the petitioner’s conscious physical possession precludes arrest
- Applicability of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 in this context
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- seizure memo
- joint house
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10902 of 2026
Arising Out of PS. Case No.-449 Year-2025 Thana- PIRPAINTI District- Bhagalpur
======================================================
Shiv Lal Tuddu s/o late pradhan tuddu r/o muhalla- hujur nagar, p.s.-
Pirpainty, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Adv
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Pirpainti P.S. Case No. 449 of 2025, registered for the
offence punishable under Sections 30(a) of Bihar Prohibition
and Excise Act, 2022.
3. The case of the prosecution, in short, is that on
08.10.2025, when the informant was on duty, he found 6 liters
of country made liquor in a gallon from a bush. Thereafter, he
received secret information that Shivlal Tudu (the petitioner
herein) is selling illegal liquor in his house. When the police
reached the house of Shivlal Tudu, the person managed to
escape towards the densely populated area of the village and on
search of his house, a 10 litre white coloured plastic gallon
Patna High Court CR. MISC. No.10902 of 2026(2) dt.17-02-2026
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containing about 8 litres of country made Mahua liquor was
found in the corner of the courtyard of the house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has not arrested from the spot nor
anything has been recovered from the conscious physical
possession of the petitioner. He further submits that the it is a
joint house where the alleged recovery has been made and the
petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that nothing has been
recovered from the conscious physical possession of the
petitioner and given the fact that the search and seizure memo
has not been signed by two independent witnesses and the
petitioner has no criminal antecedent, this Court is inclined to
grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge Excise-02,
Patna High Court CR. MISC. No.10902 of 2026(2) dt.17-02-2026
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Bhagalpur in connection with Pirpainti P.S. Case No. 449 of
2025, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also
further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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