Patna High Court
Tunnu Bhar @ Tunu BharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Tunnu Bhar, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Excise Act for the alleged recovery of 41 litres of liquor from a location adjacent to his house. He argued that the liquor was not in his conscious possession and that the recovery was based solely on a confessional statement of an accused in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs. 5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor was not in the petitioner’s conscious possession.
- Whether a confessional statement of an accused in police custody can form the basis for arrest in the absence of other evidence.
- Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.
- Appropriateness of imposing conditions on anticipatory bail under Section 482(2) of the BNSS.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- Section 30
- Bihar Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20122 of 2026
Arising Out of PS. Case No.-894 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Tunnu Bhar @ Tunu Bhar S/o Sisa Bhar Resident of Village - Harihans, P.S. -
Hussainganj, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 under the Excise Act and
allegation is of recovery of 41 liters of liquor from a place near
a tin shed of the house of the petitioner.
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 even alleged
recovery is from a place which does not belong to the petitioner,
but then is adjacent to his house and came to be implicated
Patna High Court CR. MISC. No.20122 of 2026(2) dt.31-03-2026
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based on confessional statement of apprehended accused in
police custody which does not have any evidentiary value. It is
next submitted that after amendment in the excise act in the year
2018, the concept of deemed possession and presumed offender
has been done away with.
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.
5000/- (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 Excise
P.S. Case No. 894 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 purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.20122 of 2026(2) dt.31-03-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of one case with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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