Patna High Court
Tuntun Rai @ Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the petitioners’ clean antecedent and willingness to furnish bail and deposit, anticipatory bail under Section 438 CrPC could be granted subject to conditions.
Summary
The petitioners, Tuntun Rai and Mukhal Rai, sought anticipatory bail fearing arrest in a case (Maner P.S. Case No. 114 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged possession of 18.66 litres of illicit liquor. They asserted innocence, claimed no prior criminal record, and offered to donate Rs.10,000 each to a charitable organization without admitting guilt. The High Court, after hearing counsel, allowed the application and granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties, depositing an equal amount with Ramakrishna Mission Ashram, and appearing at the police station every Sunday. The court also directed verification of the petitioners’ antecedents before accepting the bail bonds and warned that any default would lead to cancellation. Consequently, the petitioners were released on anticipatory bail subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in the context of the alleged offence under the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed by the court are appropriate and lawful.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37257 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- MANER District- Patna
======================================================
1. Tuntun Rai @ Tuntun Kumar S/o Dharampal Ray Resident of Village
Haldi(Halthi), Chhapara, Badal Tola, P.s. Maner Dist. - Patna.
2. Mukhal Rai @ Mukhal @ Mukhlal Rai @ Aviranjan Kumar S/o Harendra
Rai Resident of Village Haldi(Halthi), Chhapara, Badal Tola, P.s. Maner
Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dineshwar Pandey
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Maner P.S. Case No. 114 of 2026 registered for
the offence under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. As per the prosecution case, the recovery is of
18.66 liters of illicit liquor from the petitioners.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case.
5. Learned counsel for the petitioners submits that
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the petitioner are ready to donate Rs. 10,000/- each in some
charitable organization without accepting their guilt. He further
submits that the petitioners have no criminal antecedent.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 the concerned Court
below in connection with Maner P.S. Case No. 114 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 10,000/- each in
Ramakrishna Mission Ashram, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioners shall be accepted after verifying the
genuineness of the receipt produced by the petitioners.
9. As a condition of this order, the petitioner, after
being released on anticipatory bail, are directed to mark their
attendance at Maner Police Station on every Sunday of each
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month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioners.
10. As the petitioners claim to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioners is directed to verify the antecedent of the petitioners.
If the petitioners are found to be involved in any other case then
the bail bonds of the petitioners shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
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