Patna High Court
TINKU KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedents.
Summary
The petitioner, Tinku Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to alleged recovery of 100 litres of liquor from an auto. He contended that he was not arrested on the spot, no liquor was found in his possession, he was not the vehicle owner, and the case was based solely on a confessional statement made by another person, Vikash, while in police custody, which he argued lacks evidentiary value. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.5,000 and two sureties of the same amount, directing the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the confessional statement of a co-accused in police custody constitutes sufficient basis for arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the High Court may impose conditions under Section 482(2) of the CrPC while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- Section 30
- Section 482
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90603 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- SOHSARAI District- Nalanda
======================================================
TINKU KUMAR Son of Rajan Prasad Resident of Village - Malbigha, Police
Station - Noorsarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Sinha
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 100 litres of liquor from an auto. It
is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and is not the owner of the seized vehicle and he came to be
implicated based on confessional statement of Vikash in police
custody which does not have any evidentiary value. It is next
submitted that once an accused is implicated in a case relating to
Patna High Court CR. MISC. No.90603 of 2025(2) dt.08-01-2026
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excise, the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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.5000/- (Rupees five thousand) 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 Sohsarai
P.S. Case No.50/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
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case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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