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Patna High Court

Tuntun Singh @ Nitish Kumar @ TuntunversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.

Summary

The petitioners, three residents of Ishapur, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 2,200 litres of liquor from vehicles. They argued they had clean criminal records, were not in possession of the liquor, and were implicated only through a confessional statement made by another accused in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, a deposit of Rs.1,500 with the Advocates’ Association, and verification of the petitioners’ criminal antecedents. The order stipulated that if any antecedent is found, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed. The court exercised its inherent powers under Section 482(2) of the Criminal Procedure Code to issue the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of another accused provides sufficient basis for arrest.
  • Whether the petitioners’ criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482 CrPC
  • confessional statement
  • criminal antecedent
  • bail bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87422 of 2025
                   Arising Out of PS. Case No.-382 Year-2025 Thana- MADANPUR District- Aurangabad
                 ======================================================
           1.     Tuntun Singh @ Nitish Kumar @ Tuntun S/O Sachchitanand Sigh R/O
                  Village- Ishapur, P.S.- Madanpur, District- Aurangabad
           2.    Bholu @ Ankur Kumar Singh S/O Ravi Prakash Singh R/O Village- Ishapur,
                 P.S.- Madanpur, District- Aurangabad
           3.    Dhiraj Chaudhary @ Dhiraj Kumar S/O Surendra Chaudhary R/O Village-
                 Ishapur, P.S.- Madanpur, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Singh
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that by

                   order dated 19.12.2025, the case diary along with criminal

                   antecedent of the petitioner was called for but then only case

                   diary has been received. The Court will not wait endlessly for

                   the criminal antecedent. It is next submitted that petitioners are

                   persons with clean antecedent and allegation is of recovery of
Patna High Court CR. MISC. No.87422 of 2025(3) dt.05-02-2026
                                            2/3




          2200 litres of liquor from a four-wheeler and three motorcycles.

          It is next submitted that petitioners were not arrested from the

          spot as such nothing was recovered from their conscious

          possession and are not the owner of any of the seized vehicle

          and they came to be implicated based on confessional statement

          of apprehended accused in police custody which does not have

          any evidentiary value.

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

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Court below

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

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) each 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

          Madanpur P.S. Case No.382/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that thereafter the learned trial court

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioners have antecedent of
             Patna High Court CR. MISC. No.87422 of 2025(3) dt.05-02-2026
                                                         3/3




                       even one case, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with respect to those petitioners whose criminal

                       antecedent does not tally but if after verification it is found that

                       petitioners are persons with clean antecedent, in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioners,

                       based on instruction, undertakes to deposit an amount of

                       Rs.1500/- with Advocates’ Association, Patna High Court within

                       a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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