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Patna High Court

TINKU KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
             Patna High Court CR. MISC. No.90603 of 2025(2) dt.08-01-2026
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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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