Patna High Court
Tunna Singh @ Tunna Kumar @ Tunnu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, finding no sufficient case against him under the cited provisions.
Summary
Petitioner Tunna Singh applied for anticipatory bail after being named in a FIR alleging his involvement in the recovery of 90 litres of illicit liquor from a motorcycle, offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution claimed witnesses identified the petitioner and that he fled the scene, while the petitioner argued he was not the owner of the motorcycle, was not present at the location, and no liquor was found in his possession; he also pointed out procedural lapses in the seizure list. The State opposed the bail, contending that the petitioner’s inclusion in the FIR precludes relief. The Court examined the material, noted the lack of direct evidence linking the petitioner to the seized liquor, and considered his prior bail in another case. It granted anticipatory bail subject to a Rs.10,000 bond, two sureties of equal amount, and compliance with conditions under Section 482(2) of the applicable statute. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the FIR for offences under the Bihar Prohibition and Excise Amendment Act, 2022
- Whether the material on record establishes a prima facie case against the petitioner
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- section 30(a)
- section 41(1)
- section 482(2)
- seizure procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8754 of 2026
Arising Out of PS. Case No.-658 Year-2025 Thana- KATEYA District- Gopalganj
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Tunna Singh @ Tunna Kumar @ Tunnu Kumar S/o Kanhaiya Singh R/o
Village - Bhagwanpur, Kurmtola, P.S - Gopalpur, District - Gopalganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Adv.
For the State : Mr. Ashok Kumar Singh, 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 Kateya P.S. Case No. 658 of 2025 registered for
the offences punishable under Sections 30(a), 41(1) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per prosecution case, there is alleged recovery
of 90 litre illicit liquor from motorcycle in question and local
chowkidar and villagers disclosed the name of petitioner and
other, who fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. Petitioner bears criminal antecedent of one case.
Learned counsel orally submits that petitioner is on bail in the
Patna High Court CR. MISC. No.8754 of 2026(2) dt.18-02-2026
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said case. He further submits that nothing has been recovered
from conscious possession of the petitioner. Petitioner is not
owner of the motorcycle in question. Petitioner was not found at
the place of occurrence. Petitioner has no concern with the
seized liquor. Seizure list has not been made as per law. 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 petitioner
is named in the FIR and hence, petitioner cannot escape from
the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, petitioner is not owner of the motorcycle in question,
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 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 District and
Patna High Court CR. MISC. No.8754 of 2026(2) dt.18-02-2026
3/3
Additional Sessions Judge-XIII-cum- Special Excise Court No.
1, Gopalganj in connection with Kateya P.S. Case No. 658 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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