Created by Fuzzy Cloud

Patna High Court

Tunna Singh @ Tunna Kumar @ Tunnu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.