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Patna High Court

Doman TudduversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted where the alleged offence involves recovery of liquor from a joint family property and the petitioner was not arrested, subject to verification of his criminal antecedents.

Summary

The petitioner, Doman Tuddu, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case under Section 30(a) of the Excise Act alleging recovery of 12 litres of liquor from his house, which is a joint family property. He argued that he was not arrested at the spot, no liquor was found in his conscious possession, and the investigation was mechanically driven. The State opposed the bail. The High Court, after considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent exists, the bail would be confirmed. The application was allowed, granting provisional anticipatory bail with conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act.
  • Whether the joint family nature of the property and lack of arrest justify granting bail.
  • Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • joint family property
  • Criminal Procedure Code
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84033 of 2025
                      Arising Out of PS. Case No.-171 Year-2025 Thana- LAXMIPUR District- Jamui
                 ======================================================
                 Doman Tuddu son of Late Mathura Tuddu Resident of Village - Badrot, Ps-
                 Laxmipur, Dist- Jamui

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Prasad
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 12 litres of liquor from house of

                   the petitioner.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged

                   with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.84033 of 2025(3) dt.19-01-2026
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          in the house or the liquor kept in the house was within his

          knowledge and he came to be implicated at the instance of an

          old lady, but then, the name of the old lady is not disclosed in

          the FIR. It is also submitted that once an accused is implicated

          in a case relating to excise, the police starts implicating

          mechanically without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees 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 Laxmipur P. S. Case No.171 of 2025, subject to the

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

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.84033 of 2025(3) dt.19-01-2026
                                                           3/3




                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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