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Patna High Court

Ram Uday Tanti @ Uday TantiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Ram Uday Tanti was implicated in an excise case where 4 litres of illicit liquor were seized from a motorcycle parked inside his joint family house. The prosecution alleged that the motorcycle and liquor belonged to him, invoking Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that he had no exclusive possession of the house, was not present at the time of seizure, and had no conscious possession of the liquor, emphasizing his clean criminal record. The State opposed his anticipatory bail, arguing ownership of the vehicle linked him to the offence. Considering the lack of direct possession, the petitioner’s clean antecedent, and the circumstances, the court granted anticipatory bail subject to a bond and sureties under Section 482(2) of the CrPC. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether the petitioner is liable for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018 based solely on ownership of the motorcycle parked in a joint house.
  • Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor from the vehicle associated with him.
  • Whether the petitioner’s clean antecedent and absence from the scene justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8693 of 2026
                     Arising Out of PS. Case No.-171 Year-2025 Thana- EXCISE MANJHAUL District-
                                                        Begusarai
                 ======================================================
                 Ram Uday Tanti @ Uday Tanti S/o- Chhotan Tanti Resident of Village- Bank
                 (Bounk) Ward No- 9 PS- Dandari District-Begusarai

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Sandip Kumar Gautam, Adv.
                 For the State          :        Mr. Sanjay Kumar Sharma, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Manjhaul Excise P.S. Case No. 171 of 2025

                   registered for the offence punishable under Sections 30(a), 32(3)

                   of Bihar Prohibition and Excise Act, 2018.

                                 3. As per prosecution case, 4 litre illicit liquor was

                   recovered from motorcycle in question which was parked inside

                   the house of the petitioner and local people as well as spy

                   disclosed that seized liquor and motorcycle belonged to the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.8693 of 2026(2) dt.18-02-2026
                                            2/3




          in the FIR. He further submits that though petitioner is owner of

          the motorcycle in question but the said motorcycle was parked

          inside the joint house of family of the petitioner and petitioner

          has no exclusive possession of said joint house and hence,

          petitioner cannot be held responsible for the alleged recovery.

          Petitioner bears no criminal antecedent. He further submits that

          nothing has been recovered from conscious possession of the

          petitioner. Petitioner was not found at the place of occurrence.

          Petitioner has no concern with the seized liquor. In the light of

          the aforesaid facts and circumstances of the case, no case is

          made out against the petitioner under the provisions of Bihar

          Prohibition and Excise Act.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner and submits that 4 litre

          illicit liquor was recovered from the motorcycle in question

          which was parked inside the house of the petitioner and hence,

          petitioner cannot escape from the allegation made in the FIR.

                       6. Considering the facts and circumstances of the

          case, keeping in view clean antecedent of petitioner, petitioner

          was not found at the place of occurrence, argument advanced on

          behalf of both sides and also taking into consideration the

          material available on record, the petitioner above-named, in the
            Patna High Court CR. MISC. No.8693 of 2026(2) dt.18-02-2026
                                                        3/3




                      event of his arrest or surrender before the learned trial court

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

                      anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned Exclusive Special Excise Judge-II,

                      Begusarai in connection with Manjhaul Excise P.S. Case No.

                      171 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the B.N.S.S.

                                   7. The application stands allowed.


                                              (Alok Kumar Pandey, J)

shahzad/-

U      T


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