Patna High Court
Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to petitioner no. 1 subject to conditions and allowed the withdrawal of the anticipatory bail application for petitioner no. 2.
Summary
Petitioner Tuntun Kumar and Bhara/Pankaj Kumar filed an anticipatory bail application in a case under Section 30(a) of the Bihar Excise Act. The petitioners sought to withdraw the anticipatory bail application for petitioner no. 2, who had already been arrested, and requested anticipatory bail for petitioner no. 1, who feared arrest. The State opposed the bail. The Court allowed the withdrawal of the anticipatory bail for petitioner 2 and granted provisional anticipatory bail to petitioner 1 on furnishing a bail bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedents within six weeks. If more than two prior cases are found, the bail will not be confirmed; otherwise it will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to petitioner no. 1 under the Bihar Excise Act.
- Whether the anticipatory bail application for petitioner no. 2 can be withdrawn.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- bail bond
- criminal antecedent
- Section 30
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17014 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
======================================================
1. Tuntun Kumar S/O Late Hanslal Yadav Resident of Village- Asni, Police
Station- Udwantnagar, District- Bhojpur.
2. Bhara @ Pankaj Kumar @ Pankaj Bhara S/O Ram Bhadhur Singh @
Rambabu Singh Resident of Village- Asni, Police Station- Udwantnagar,
District- Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners seeks
permission to withdraw the anticipatory bail application with
respect to petitioner no. 2 who was arrested.
3. Permission is accorded.
4. The petitioner no. 1 apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Excise Act.
5. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases under the Excise
Act and allegation is of recovery of 70 liters of liquor from a
Patna High Court CR. MISC. No.17014 of 2026(2) dt.17-03-2026
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field near Girls High School.
6. Learned counsel for the petitioners submits that
petitioner no. 1 was not arrested from the spot, as such, nothing
was recovered from his conscious possession and the recovery
is from a place which does not belong to the petitioner and he
came to implicated based on secret information which is the
easiest way to implicate someone. It is also submitted that once
an accused is implicated in a case relating to Excise, the police
starts implicating mechanically either at the instance of
chowkidar, local person, confessional statement or secret
information without holding proper investigation.
7. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
8. Considering the submissions made by the
learned counsel for the petitioners, the petitioner no. 1, namely,
Tuntun Kumar, in the event of his arrest or surrender within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten 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. 23 of 2026 subject to the conditions as laid down
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under Section 482 (2) of the BNSS.
9. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner no. 1
and in the event if it is found that petitioner no. 1 has antecedent
of more than two cases then it would be presumed that
petitioner, for the 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 only two
criminal antecedents in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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