Patna High Court
Tuntun TantiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted to Lakhan Mandal but denied to Tuntun Tanti, with the trial court directed to consider regular bail for the latter upon surrender.
Summary
The petitioners, Tuntun Tanti and Lakhan Mandal, sought anticipatory bail in a case (Lakhisarai P.S. Case No.718 of 2023) involving alleged recovery of 31 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution relied on confessional statements of local persons, while the petitioners claimed innocence and lack of possession. The court noted that petitioner No.2, Lakhan Mandal, has a clean antecedent, whereas petitioner No.1, Tuntun Tanti, has a prior excise case pending on bail. Accordingly, the court granted anticipatory bail to Lakhan Mandal upon furnishing a bail bond of Rs.30,000 as per Section 2(1)(d) of the BNSS, 2023, with conditions under Section 482(2) of the BNSS, 2023. Anticipatory bail was denied to Tuntun Tanti, but the trial court was directed to entertain a regular bail application if he surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to Tuntun Tanti under the Bihar Prohibition and Excise Act.
- Whether anticipatory bail should be granted to Lakhan Mandal under the same provision.
- Whether the confessional statements of local persons constitute sufficient ground to deny bail.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- regular bail
- excise law
- illicit liquor
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15867 of 2026
Arising Out of PS. Case No.-718 Year-2023 Thana- LAKHISARAI District- Lakhisarai
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1. Tuntun Tanti Son of Shankar Tanti Resident of Village- Gobind Bigha,
Shyam Tola, P.S.- Lakhisarai, District- Lakhisarai
2. Lakhan Mandal Son of Dukhi Mandal Resident of Village- Gobind Bigha,
Shyam Tola, P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmanand Pd. Nr. Sahi, Adv.
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with
Lakhisarai P.S. Case No.718 of 2023 dated 17.09.2023, under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution, there recovery of 31 liters
of desi liquor have alleged to be made from a white plastic
jhola, which is subject matter of the present case.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that the petitioners’ name have been inserted in this case
Patna High Court CR. MISC. No.15867 of 2026(2) dt.25-03-2026
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by virtue of confessional statement of local persons. He further
submits that petitioners have been falsely implicated in this
case. Nothing has been recovered from conscious possession of
the petitioners and they were not arrested on the spot.
5. Counsel submits that the criminal antecedent of the
petitioner No.2 is clean and petitioner No.1 has one criminal
antecedent in which he is on bail.
6. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that petitioner No.2 has clean
antecedent and petitioner No.1 has one criminal antecedent
relating to excise matter.
7. In the present facts and circumstances of this case
and the submissions made above, let the petitioner No.2,
namely, Lakhan Mandal, be granted bail, in the event of arrest
or surrender before the Trial Court within a period of 4 weeks
from today, on furnishing bail bond of Rs.30,000/- (Rupees
Thirty Thousand) each as mentioned in Section 2(1)(d) of the
BNSS, 2023 to the satisfaction of Addl. Sessions Judge IV
-cum- Special Excise Court No.1, Lakhisarai, in connection
with Lakhisarai P.S. Case No.718 of 2023, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
8. So far as the petitioner No.1, namely, Tuntun Tanti,
Patna High Court CR. MISC. No.15867 of 2026(2) dt.25-03-2026
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is concerned, this Court is not inclined to grant anticipatory bail
to the petitioner No.1, therefore the bail application of the
petitioner No.1 is hereby rejected.
9. However, trial court is directed to consider the
regular bail application of the petitioner No.1, namely, Tuntun
Tanti, if he surrenders within 6 weeks from today and prays for
regular bail, then trial court shall pass order on merit without
being prejudice of the present order preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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