Patna High Court
Tunu kumar singh @ Tunu Kumar @ Tun Tun Kumar @ Tun Tun Kumar @ Tun Tun Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the petitioner having no more than one prior case.
Summary
The petitioner, Tunu Kumar Singh, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 164.885 litres of liquor from two motorcycles and an auto. He contended that he was not present at the spot of seizure, that the liquor was not found in his conscious possession, and that he was in custody at the time, unaware that his vehicle was being misused. The petitioner sought anticipatory bail, arguing that the police mechanically implicated him merely as the owner of the vehicle. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents, with a condition that the bail would not be confirmed if more than one prior case is found. The order directs the trial court to verify the antecedent and confirm or withdraw the bail accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the mere ownership of the vehicle used in the alleged offence justifies arrest and denial of bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- seizure of liquor
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1462 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Tunu kumar singh @ Tunu Kumar @ Tun Tun Kumar @ Tun Tun Kumar @
Tun Tun Kumar Singh son of Rupesh Singh RESIDENT OF VILLAGE-
KAHEN,P.S.-JAGDISPUR,DISTRICT-BHOJPUR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 164.885 liters of liquor from two motorcycles and
an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.1462 of 2026(2) dt.21-01-2026
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motorcycle. It is next submitted that on the date of occurrence,
the petitioner was in custody and thus petitioner was completely
unaware that Ravi would misuse the vehicle in the manner as
alleged who was also apprehended from the spot, but then
police in mechanical manner implicated the petitioner being
owner of the vehicle.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with
Udwantnagar P.S. Case No. 249 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.1462 of 2026(2) dt.21-01-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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