Patna High Court
Tufani SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bail bond and verification of antecedents.
Summary
The petitioner sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 75 litres of liquor were recovered from plastic sacks not in his possession and that the case was based on a confessional statement of another accused. The petitioner argued lack of direct possession and no evidentiary value in the confessional statement. The State opposed the anticipatory bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The court also ordered verification of the petitioner’s criminal antecedent, stating that if more than one prior case is found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where the alleged contraband was not recovered from the petitioner’s possession.
- Whether a confessional statement of another accused provides sufficient basis to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 482
- confessional statement
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91130 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Tufani Singh S/O Kamleshwari Singh @ Kamli Singh R/O Village-
Koshakipur, P.S- Tikapatti, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 75 litres of liquor from three plastic
sacks. It is next submitted that petitioner was not arrested from
the spot, as such, nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and he has no concern with the
plastic sacks and he came to be implicated based on
confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.91130 of 2025(2) dt.12-01-2026
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custody which does not have any evidentiary value.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Excise Judge (Court-2), Purnea in connection with Tikapatti P.S.
Case No.166 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
Patna High Court CR. MISC. No.91130 of 2025(2) dt.12-01-2026
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that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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