Patna High Court
Tulashi Kumar @ Tulashi RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court provisionally granted anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Tulasi Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where police alleged recovery of 10 litres of liquor from a public bush, not in his possession. He argued the allegation was based on secret information and that the location did not belong to him, and that he had only one prior excise case. The State opposed the bail. The court granted provisional anticipatory bail on a bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedent by the trial court. If the trial court finds more than one prior case, the bail will not be confirmed; if only one, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
- Whether the police investigation, based on secret information, suffices to justify denial of bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Bihar Excise Act
- criminal antecedent
- provisional bail
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31031 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- SARMERA District- Nalanda
======================================================
Tulashi Kumar @ Tulashi Ram Son of Late Awadhesh Dhari Resident of
Village - Aruyapar (Sarmera), P.S.- Sarmera, District - Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 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 10 liters of liquor from a bush.
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
and is accessible to public at large and he came to be implicated
based on secret information which is the easiest way to
Patna High Court CR. MISC. No.31031 of 2026(2) dt.07-05-2026
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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 a proper investigation.
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 Sarmera
P.S. Case No. 207 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
Patna High Court CR. MISC. No.31031 of 2026(2) dt.07-05-2026
3/3
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 antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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