Patna High Court
Tinku @ Moti Prasad Tamoli @ Tinku Kumar @ MotiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, holding that mere suspicion and familial connection do not warrant continued detention.
Summary
The petitioner, Tinku Kumar Tamoli, was arrested on 26 March 2026 in connection with a case of illegal possession of 6.48 litres of foreign liquor and 12 litres of beer, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The seizure was made from the residence of a co‑accused, Shanti Devi, and the petitioner was implicated solely because he is the elder brother of another co‑accused, Sanjay Prasad Tamoli, who had previously been granted bail. The petitioner argued that no liquor was found in his conscious possession and that his continued custody was based only on suspicion. The State opposed bail, noting that the petitioner has four other similar cases, three of which he is already on bail. The Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contravention is based solely on suspicion and familial association with a co‑accused.
- Whether the existence of other pending cases of a similar nature justifies denial of bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor possession
- suspicion
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28085 of 2026
Arising Out of PS. Case No.-71 Year-2024 Thana- HISUWA District- Nawada
======================================================
Tinku @ Moti Prasad Tamoli @ Tinku Kumar @ Moti Son of Late Bhagwan
Das Tamoli Resident of Village - Barki Gulani, Police Station - Dhamaul,
District - Nawada. At Present Mohalla - Barham Pichash, Police Station -
Hisua, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr.Birendra Kumar,learned counsel for the
petitioner and Mr.Nityanand, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
26.03.2026 in connection with Hisua P.S. Case No. 71 of 2024,
F.I.R. dated 01.02.2024 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. Recovery is of 6.48 litre foreign liquor and 12 litre
beer.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that altogether 6.48 litre foreign liquor and 12 litre beer was
recovered from the west side of house of co-accused, Shanti
Devi and the petitioner has been made accused in the present
Patna High Court CR. MISC. No.28085 of 2026(2) dt.27-04-2026
2/3
case merely on the ground that the petitioner is elder brother of
co-accused person, namely, Sanjay Prasad Tamoli @ Sanjay
Tamoli and said o-accused person, namely, Sanjay Prasad
Tamoli @ Sanjay Tamoli has been granted bail by a Coordinate
Bench of this Hon’ble Court vide order dated 06.03.2024 passed
in Cr. Misc. No.16567 of 2024. It appears that nothing has been
recovered from conscious possession of the petitioner and
petitioner has been made accused in the present case merely on
the basis of suspicion and the petitioner is in custody since
26.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
four more cases other than the present one of similar nature but
he fairly submits that out of four cases, the petitioner is on bail
in three cases, and rest one case is pending for consideration
before the competent court of law, as mentioned in para-3 of the
bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Judge-1st, Nawada in connection with Hisua P.S. Case No. 71
Patna High Court CR. MISC. No.28085 of 2026(2) dt.27-04-2026
3/3
of 2024,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…