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Patna High Court

Tinku KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bonds, sureties, surrender within six weeks, and verification of the petitioners' criminal antecedents.

Summary

Petitioners Tinku Kumar and Chhotelal Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging recovery of 50 litres of liquor from a motorcycle. They argued they were not in possession of the liquor and the case was based solely on a confessional statement made by another individual, Raj Kumar, while in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on the petitioners surrendering within six weeks, furnishing bail bonds and sureties, and depositing a sum with the Advocates’ Association. The order further stipulated that the trial court must verify the petitioners' criminal antecedents; if the antecedent criteria are not met, the bail would not be confirmed. The court thus provided a conditional relief pending verification of antecedents.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offence is based on a confessional statement made in police custody.
  • Whether the confessional statement of Raj Kumar is admissible as evidence for granting or denying anticipatory bail.
  • Whether the condition of verifying criminal antecedents before confirming anticipatory bail is permissible under law.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • confessional statement
  • criminal antecedent
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2233 of 2026
                  Arising Out of PS. Case No.-1723 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
           1.     Tinku Kumar S/O Gangadev Mahto @ Gagan Dev Mahto R/O Vill.-
                  Biritiya, Lokanathpur, P.s.- Turkauliya, District- East Champaran, Motihari.
           2.    Chhotelal Kumar @ Chhotu Mahto S/O Virendra Mahto R/O Vill.- Biritiya,
                 Lokanathpur, P.s.- Turkauliya, District- East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of one case under the excise act and

                   allegation is of recovery of 50 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and are not the
Patna High Court CR. MISC. No.2233 of 2026(2) dt.27-01-2026
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          owner of the seized vehicle and they came to be implicated

          based on confessional statement of Raj Kumar in police custody

          which does not have any evidentiary value.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

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

          event of their 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) each 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. 1723 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 petitioners and in the

          event if it is found that petitioner no. 1 has antecedent of even one

          case and petitioner no. 2 has antecedent of more than one case then

          it would be presumed that petitioners, for the purposes of seeking

          anticipatory bail, had concealed their antecedent before this Court,

          as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner no. 1
            Patna High Court CR. MISC. No.2233 of 2026(2) dt.27-01-2026
                                                        3/3




                      is a person with clean antecedent and petitioner no. 2 has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioners,

                      based on instruction, undertakes to deposit an amount of Rs.

                      2,500/- with Advocates’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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