Patna High Court

Tuntun KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Tuntun Kumar, was arrested as the driver of a vehicle from which 355.5 liters of illicit liquor were recovered, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that no incriminating material was found in his possession, and highlighted his clean criminal record and lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the petitioner’s clean antecedent, the circumstances of his custody since 6 January 2026, and the absence of direct evidence against him. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding family surety and regular appearance in court. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether the petitioner is entitled to bail in the Excise case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the facts and his clean antecedent

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver
clean antecedent
Bihar Prohibition and Excise Act
Section 30(a)
Section 32(3)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12407 of 2026
                         Arising Out of PS. Case No.-19 Year-2026 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Tuntun Kumar S/O Uma Shankar Paswan @ Uma Paswan R/O Village- Jolha
                 Bigha, Ward no- 26, P.S.- Tekari, District -Gaya.


                                                                                      ... ... Petitioner/s
                                                          Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Pushp Raj Singh, Advocate

                 For the Opposite Party/s :         Mr. Md. Matloob Rab, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner seeks bail in connection with Excise

                   PS Case No. 19 of 2026 instituted for the offences under

                   Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

                            3.      The prosecution case, in short, is that 355.500 liters

                   liquor was recovered from car.

                            4.      Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12407 of 2026(2) dt.23-02-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 06.01.2026 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case, clean antecedent of the petitioner and the period of

          custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                  7.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Excise PS Case No.

          19 of 2026, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.12407 of 2026(2) dt.23-02-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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