Patna High Court
Tuntun Ray @ Tuntun RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to bond and surety conditions.
Summary
The petitioner, Tuntun Ray, was named in an FIR for possession of 120 litres of illicit country-made liquor recovered from a motorcycle, alleged to violate Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 274, 275, 317(5) of the B.N.S., 2023. The co‑accused identified the petitioner, but the petitioner argued he was not present at the scene, did not own the motorcycle, and that the seizure was not conducted per legal requirements. The State opposed anticipatory bail, contending that a named accused in an FIR cannot evade prosecution. The Court examined the lack of direct evidence linking the petitioner to the liquor and considered his claim of innocence, granting anticipatory bail subject to a bond and sureties, with conditions under Section 482(2) of the BNSS. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR for alleged offences under the Bihar Prohibition and Excise Act and B.N.S.
- Whether the material on record, including the co‑accused's statement, suffices to justify denial of anticipatory bail
- Whether procedural lapses in seizure (absence of a seizure list) affect the bail decision
Legislation cited
- B.N.S. — s. 482(2)
- B.N.S., 2023 — s. 274, 275, 317(5)
Subjects
- anticipatory bail
- prohibition act
- excise law
- illicit liquor
- FIR
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8782 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Tuntun Ray @ Tuntun Rai Son of Late Mahtab Rai @ Matab Rai R/o Village
- Sukumarpur, Jafrabad Tok Arzi Veshnao Barar, P.S. - Raghopur(Rustampur
O.P.), District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
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 Raghopur P.S. Case No. 322 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022 and Sections
274, 275, 317(5) of the B.N.S., 2023.
3. As per prosecution case, 120 litre country made
chulai liquor was recovered from the motorcycle in question.
Apprehended co-accused Chhotu Kumar disclosed the name of
the petitioner who fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.8782 of 2026(2) dt.18-02-2026
2/3
in the FIR. He further submits that except disclosure of
apprehended co-accused, there is nothing on record to
demonstrate the complicity of the present petitioner with the
alleged occurrence. He further submits that petitioner is not the
owner of the said motorcycle in question. Petitioner was not
found at the place of occurrence. 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. Petitioner bears
criminal antecedent of three cases in which he is on bail. He
further submits that just because of having criminal antecedent,
petitioner has been roped in one case after another in a routine
manner without any basis.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused and hence, he cannot escape
from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, 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
Patna High Court CR. MISC. No.8782 of 2026(2) dt.18-02-2026
3/3
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
Court of Excise (Second) – cum - District and Additional
Session Judge, Vaishali at Hajipur in connection with Raghopur
P.S. Case No. 322 of 2025, subject to the conditions as laid
down under Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
Checking your session…