Patna High Court
Tamanna KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, surrender within six weeks, and verification of the petitioner’s antecedent.
Summary
The petitioner, Tamanna Khan, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 432 litres of liquor from a riverbank. He argued that he was not arrested at the spot, no liquor was found in his possession, and the location was public, questioning the basis of the prosecution’s case. The State opposed the bail, citing the petitioner’s antecedent of five prior cases, three of which were under the Excise Act. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a Rs. 25,000 bond, two sureties, and a six‑week surrender to the trial court. The order further directed the trial court to verify the petitioner’s criminal antecedent and confirm the bail if the antecedent does not exceed five cases; otherwise, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the petitioner’s criminal antecedent.
- Whether the absence of recovery from the petitioner’s possession and the public nature of the alleged location affect the grant of anticipatory bail.
- Whether the trial court may verify the petitioner’s antecedent and conditionally confirm the provisional bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82170 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Tamanna Khan S/o Shivraj Khan @ Mukhtar Khan R/o Village - Chakwa, P.S
- Bargainia, Diistrict - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases out of which three cases
are under the Excise Act and allegation is of recovery of 432
litres of liquor from a sack from bank of a river.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.82170 of 2025(3) dt.19-01-2026
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at the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, 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. 25,000/- (Rupees
Twenty-five Thousand) 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 Suppi P.S. Case No.
319 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
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event if it is found that petitioner has antecedent of more than five
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of five cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
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