Patna High Court

Tarun KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court held that, in the absence of material evidence linking the petitioner to the recovered wine, anticipatory bail must be granted.

Summary

The petitioner sought anticipatory bail in connection with an FIR under Section 30(a) of the Bihar Prohibition & Excise Act for alleged possession of wine recovered from a hilly area. He argued that the recovery was made from an open place, he was not seen at the scene, and the prosecution’s reliance on secret information did not constitute material evidence, thus no prima facie case existed. The State opposed bail but conceded that the petitioner was not observed near the recovery site. Considering the lack of direct evidence and the submissions made, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.20,000 with two sureties, subject to the conditions of Section 482(2) of the CrPC. The order provides relief to the petitioner pending any arrest within six weeks of the order.

Issues considered

Whether the FIR under Section 30(a) of the Bihar Prohibition & Excise Act discloses a prima facie case justifying denial of anticipatory bail.
Whether secret information cited by the prosecution amounts to material evidence.
Whether the petitioner’s non‑presence at the recovery site warrants grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition & Excise Act
Section 30(a)
material evidence
secret information
bail bond
sureties
Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9302 of 2026
                       Arising Out of PS. Case No.-287 Year-2025 Thana- Excise P.S. District- Nalanda
                 ======================================================
                 Tarun Kumar S/o Late Rajkumar Yadav R/o - Chetnalya, Rajgir, P.S - Rajgir,
                 District - Nalanda
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mr. Amresh Kumar Sinha, Advocate
                 For the State              :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   17-02-2026                          Heard learned counsels for the parties.

                                 2. The petitioner apprehends his arrest in connection

                   with Excise (Biharsharif) P.S. Case No. 287 of 2025 dated

                   03.06.2025 registered for the offence punishable under Section

                   30(a) of the Bihar Prohibition & Excise Act (in short ‘Excise

                   Act’).

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the recovery of the alleged wine is stated to have

                   been made from bushes in a hilly area and that it is not the case of

                   the prosecution that the petitioner was seen at or near the place of

                   recovery at the time of recovery or that he managed to escape

                   upon seeing the police party. The basis of implicating the

                   petitioner in connection with the recovery of the alleged wine is

                   merely secret information, which does not constitute material

                   evidence. Hence, the alleged offence punishable under the Excise
           Patna High Court CR. MISC. No.9302 of 2026(2) dt.17-02-2026
                                                       2/2




                     Act, under which the FIR has been registered, do not attract even

                     prima facie, and therefore, his prayer for anticipatory bail is not hit

                     by the provisions of Section 76(2) of the Excise Act.

                                4. Though learned APP has opposed the prayer for bail of

                     the petitioner, he fairly accepts that the recovery was made from

                     an open place and that, as per the FIR, the petitioner was not seen

                     at or near the place of recovery when the police raided it.

                                  5. In the facts and circumstances of this case as well as

                     considering the submissions as stated above, coupled with the

                     pleas of the petitioner, this Court is inclined to grant the relief of

                     anticipatory bail to the petitioner. Accordingly, let the petitioner

                     named-above, in the event of his arrest or surrender before the

                     learned Court below within a period of six weeks from today, be

                     released on anticipatory bail on furnishing bail bond of Rs.

                     20,000/- (Rupees Twenty Thousand) with two sureties of the like

                     amount each to the satisfaction of the Court concerned in

                     connection with Excise (Biharsharif) P.S. Case No. 287 of 2025,

                     subject to the conditions as laid down under Section 482(2) of the

                     B.N.S.S.



                                               (Shailendra Singh, J)
maynaz/-

U     T

Continue reading with your account

Checking your session…