Patna High Court
Tuntun Singh @ Nitish Kumar @ TuntunversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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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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