Patna High Court
Sanjay TatmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, subject to specified conditions.
Summary
Petitioners Sanjay and Lakshman Tatma were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 138 litres of illicit liquor. They contended that they were innocent, that their brother Mukesh, who was involved in the liquor business, had already been granted regular bail, and that they possessed clean antecedents. The petitioners offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The Court, after hearing both sides, allowed the anticipatory bail application, imposing conditions including a deposit of Rs. 25,000 to the Ramakrishna Mission, attendance at the police station on specified Sundays, verification of clean antecedents, and bail bonds of Rs. 10,000 with two sureties each. The order was made subject to Section 482(2) of the Criminal Procedure Code and clarified that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the petitioners' claim of innocence and clean antecedent justifies the grant of anticipatory bail.
- What conditions may be imposed under Section 482(2) of the Criminal Procedure Code when granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32212 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- KORHA District- Katihar
======================================================
1. Sanjay Tatma S/o Suresh Tatma Resident of village - Mirzapur, PS - Korha,
Distrct - Katihar
2. Lakshman Tatma S/o Suresh Tatma Resident of village - Mirzapur, PS -
Korha, Distrct - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Korha P.S. Case No. 62 of 2026 registered for offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 138 liters of illicit liquor.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. It is further submitted that the petitioners have been
falsely implicated in the present case. Learned counsel submits
that the brother of the petitioners, namely, Mukesh Tatma, who
was allegedly engaged in the business of illicit liquor and was
Patna High Court CR. MISC. No.32212 of 2026(2) dt.19-06-2026
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apprehended from the spot, has already been granted regular
bail by this Court vide order dated 20.04.2026 passed in Cr.
Misc. No. 25857 of 2026. The petitioners claim clean
antecedent.
5. He further submits that the petitioners are ready to
donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) in
some charitable organization without accepting their guilt.
6. Learned APP for the State has vehemently opposed
the prayer of the petitioners.
7. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioners, this
application for anticipatory bail stands allowed.
8. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Korha
P.S. Case No. 62 of 2026, subject to the conditions as laid down
under Section 482(2) of the BNSS and with further condition(s)
that:-
(i) The petitioners shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.32212 of 2026(2) dt.19-06-2026
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Thousand Only) in Ramakrishna Mission Ashrama,
P.O. & Dt. Katihar, Bihar and produce the receipts
thereof before the Court below. The bail bonds of
the petitioners shall be accepted only after
verifying the genuineness of the receipts produced
by them.
(ii) The petitioners are directed to mark
their attendance in Korha Police Station on every
1st and 3rd Sunday of each month. Failure on the
part of either of the petitioners to do so shall result
in cancellation of his bail bonds.
(iii) At the time of accepting the bail
bonds of the petitioners, the Court below shall
verify whether the petitioners have clean
antecedents or not. If it is found that the petitioners
have clean antecedents, then only their bail bonds
shall be accepted by the Court below.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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