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Patna High Court

Tuna Kr. Ram @ Tuna Ram @ Tunna Kumar Ram @ Tunna Ram @ Tuna RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedents.

Summary

Petitioner Tuna Ram was implicated in a case alleging recovery of 40 litres of liquor, charged under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, arguing that he has a clean antecedent, that the alleged liquor was not recovered from his possession, and that the only evidence is a confessional statement of an accused in police custody, which he contends lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent by the trial court. The order further provides that if any antecedent is discovered, the bail may be cancelled; otherwise, the provisional bail will be confirmed. The application for anticipatory bail was therefore allowed.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the case?
  • Whether the confessional statement of an accused in police custody can be the basis for denying anticipatory bail.
  • Whether the absence of possession of the alleged liquor and a clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • clean antecedent
  • confessional statement
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1357 of 2026
                   Arising Out of PS. Case No.-281 Year-2024 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Tuna Kr. Ram @ Tuna Ram @ Tunna Kumar Ram @ Tunna Ram @ Tuna
                 Rai S/O Dindyal Ram @ Din Dayal Ram Resident of Village - Naviganj,
                 Harijan Toli, P.S. - Bhagwan Bazar, District - Saran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shyamal Prakash, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 37 of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from Naviganj Harijan Toli. It is

                   next submitted that petitioner was not arrested from the spot, as

                   such, nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which does not belong to

                   the petitioner and he came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.1357 of 2026(2) dt.21-01-2026
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          custody, which does not have any evidentiary value.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Additional

          Special Judge-cum-Exclusive Special Court Excise Act-I, Saran

          at Chapra in connection with Bhagwan Bazar P.S. Case No.281

          of 2024, subject to the conditions laid down under Section

          482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.1357 of 2026(2) dt.21-01-2026
                                                           3/3




                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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