Patna High Court
Tinku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
The petitioner, Tinku Kumar, was arrested on 27-04-2026 in connection with a case involving the alleged illegal possession of 6.75 litres of foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The seizure was made from a scooty, and the petitioner’s name appeared only based on the statement of a co-accused, Vikki Kumar. The petitioner claimed innocence and argued that there was no conscious possession on his part. The prosecution opposed bail, citing two prior criminal antecedents, though it noted the petitioner was already on bail for those matters. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents, and ordered that the bail not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the reliance on the co‑accused’s statement and the nature of the seizure justify continued detention.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal antecedent
- seizure
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37570 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Tinku Kumar S/o Ramji Singh R/o Village - Ghura Purandar, P.S - Tandwa,
District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Ms. Mukul Kumari, learned counsel for the
petitioner and Ms. Suman Kumari Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.04.2026 in connection with Aurangabad Town P.S. Case No.
163 of 2026, F.I.R. dated 03.03.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 6.750 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.37570 of 2026(2) dt.17-06-2026
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conscious possession of the petitioner rather the recovery has
been made from scooty in question and name of the petitioner
has been transpired in this case only on the basis of disclosure
made by apprehended co-accused, namely, Vikki Kumar. The
petitioner is in custody since 27.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 learned District
and Additional Sessions Judge-cum-Exclusive Special Judge,
Excise Court No-1, Aurangabad in connection with Aurangabad
Town P.S. Case No. 163 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.37570 of 2026(2) dt.17-06-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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