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Patna High Court

Tinku KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Cr.P.C.

Summary

The petitioner, Tinku Kumar, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 936 litres of liquor from a white pickup van. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the vehicle, contending that the complainant‑chowkidar’s delay in informing police cast doubt on the prosecution’s case. The State opposed the bail, asserting the seriousness of the offence. The Court, after noting the petitioner’s clean antecedent and compliance with procedural requirements such as removal of defects and payment of court‑fee, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a six‑week verification of antecedents under Section 438(2) of the Cr.P.C. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged lack of possession and ownership, and his clean antecedent, justify the grant of anticipatory bail.
  • Whether the procedural compliance (removal of defects, payment of court‑fee) suffices for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • CrPC Section 438
  • criminal antecedent
  • bail bond
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76423 of 2025
                    Arising Out of PS. Case No.-119 Year-2024 Thana- BISHANPUR District- Darbhanga
                 ======================================================
                 Tinku Kumar Son of Sushil Kumar Jha @ Sushil Jha R/o Village- Manika,
                 ward no.3, P.S.- Sarairanjan, District-Samastipur
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Dr. Mrityunjaya Kr. Gautam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that the

                   defects as pointed out by the office have been removed and the

                   required court-fee has been deposited.

                                4. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 936 litres of liquor from a white colour pick-up van.

                                5. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to
Patna High Court CR. MISC. No.76423 of 2025(2) dt.08-01-2026
                                            2/3




          be implicated at the instance of the Chawkidar but then it is

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       7. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with

          Bishanpur P.S. Case No. 119 of 2024, subject to the conditions

          as laid down under Section 438 (2) of the Cr.P.C.

                       8. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.76423 of 2025(2) dt.08-01-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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