Patna High Court

Tinku Kumar @ Tinku SahniversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted despite the alleged offence and prior antecedents, as no incriminating article was found in the petitioner’s possession and procedural lapses under Section 103 do not bar bail.

Summary

The petitioner, Tinku Kumar, sought bail in a case (Manjhaul P.S. Case No. 134 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 80 litres of liquor. The prosecution alleged the liquor was recovered from a motorcycle, but the petitioner’s counsel argued he was falsely implicated, had no liquor in his possession, and was not connected to the vehicle. The State opposed bail, noting the petitioner’s two prior criminal antecedents and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The court, considering the lack of incriminating material against the petitioner and the circumstances of his custody, decided to grant bail with a bond of Rs. 15,000 and two sureties, subject to conditions of family surety and regular appearance. The order stipulated that failure to appear on two consecutive dates could lead to cancellation of bail.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.298 of 2026
                    Arising Out of PS. Case No.-134 Year-2025 Thana- MANJHAUL District- Begusarai
                 ======================================================
                 Tinku Kumar @ Tinku Sahni S/O Late Kari Sahni R/o Vill.- Bichkhanna Tola,
                 Manjhaul, P.S.- Manjhaul, Dist.- Begusarai
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nakul Kumar Jamuar, Advocate
                 For the Opposite Party/s :      Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Manjhaul P.S. Case No. 134 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 80 litres

                   of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or the alleged recovery of liquor. The petitioner is in
           Patna High Court CR. MISC. No.298 of 2026(2) dt.19-01-2026
                                                       2/2




                     custody since 03.12.2025 and has two criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Manjhaul P.S. Case

                     No. 134 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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