Patna High Court
Tulsi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Tulsi Kumar was arrested in connection with the recovery of 110 litres of country‑made liquor from a CNG auto, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that he had no ownership or control over the seized vehicle or liquor, that there was no independent witness to the search and seizure, and that he had no prior criminal record. The State opposed bail, relying on the allegations in the FIR. The Court examined the facts, noted the absence of personal possession and antecedents, and considered the circumstances of the case. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court of Excise, Patna.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the circumstances of the seizure.
- Whether the lack of personal possession and absence of an independent witness to the search justify granting bail.
Legislation cited
Subjects
- bail
- excise
- prohibition
- liquor seizure
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36163 of 2026
Arising Out of PS. Case No.-211 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Tulsi Kumar Son of Lagan Ray R/o - Nuruddinganj, P.S.- Malsalami, Distt.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise (Amendment) Act. 2022.
3. As per the prosecution case, there is a recovery
of 110 litres of country made liquor from a CNG auto.
4. Learned counsel for the petitioner submits that
the petitioner has no concern with the seized auto or recovered
liquor. There is no recovery from personal or conscious
possession of the petitioner. There is no independent witness to
search and seizure thereby causing violation of mandatory
provisions of law. The petitioner has no criminal antecedent
and is in custody since 09.04.2026.
Patna High Court CR. MISC. No.36163 of 2026(2) dt.09-06-2026
2/2
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances, let the above named petitioner, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Court of Excise,
Patna City, District- Patna/concerned Court below in
connection with Malsalami P.S. Case No. 211 of 2026.
(Soni Shrivastava, J)
anand/-
U T
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