Patna High Court
Tuntun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted as the accused had a clean antecedent, no material was recovered from him, and procedural lapses existed.
Summary
The petitioner, Tuntun Kumar, was arrested in connection with a case alleging possession of 90 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on the recovery of the liquor from a vehicle that does not belong to the petitioner and on the statements of a co‑accused. The petitioner contended that no incriminating material was found on his person, he has no prior criminal record, and the procedural requirement of Section 103 of the Bihar Narcotic Substances (2023) was not complied with. The State opposed bail, but the court noted the petitioner’s clean antecedent, lack of direct evidence, and the fact that the co‑accused had already been granted bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of material seized from his possession.
- Whether the procedural requirements of Section 103 of the Bihar Narcotic Substances Act, 2023, have been complied with.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- clean antecedent
- procedural compliance
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4042 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- Karvandiya District- Rohtas
======================================================
Tuntun Kumar S/o Dhiraj Nat Resident of Village - Karma, Police Station -
Karwandia, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Navin Sharma, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Karwandia P.S. case No.
130 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 90 liters liquor
was recovered from Toto.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.4042 of 2026(2) dt.28-01-2026
2/2
on the basis of disclosure made by apprehended co-accused.
The vehicle in question does not belong to the petitioner. The
petitioner is in custody since 28.11.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of B.N.S.S.,
2023. Co-accused has been granted bail by this Bench vide
Annexure-P/2 to the application.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent, claim based on parity and the
period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Karwandia P.S.
case No. 130 of 2025
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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