Tinku Kumar Saw Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Tinku Kumar Saw Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release upon arrest or surrender within six weeks, on bail bonds of Rs. 5,000/- with two sureties of the like amount each, to the satisfaction of the learned Trial Court in connection with Shashtrinagar P.S. Case No. 483 of 2025, subject to conditions under Section 482(2) of the BNSS; confirmation withheld pending Trial Court verification of criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Shashtrinagar P.S. Case No. 483 of 2025 registered under Section 30(a) of the Bihar Excise Act, should be granted anticipatory bail. +1 more

Court's answer

The petitioner is to be released on provisional anticipatory bail, in the event of arrest or surrender within six weeks, subject to conditions under Section 482(2) BNSS.

Ratio / Principle

After verification by the learned Trial Court, if the petitioner is found to have antecedent of one case only, the provisional anticipatory bail order shall be confirmed forthwith.

Key takeaways

If verification shows the petitioner has antecedent of more than one case, it shall be presumed that he concealed his antecedents while seeking anticipatory bail before this Court, and the provisional anticipatory bail order shall not be confirmed.ratio¶7

Detailed headnote1 paragraphs

Anticipatory bail - Bihar Excise Act, Section 30(a) - Patna High Court (Satyavrat Verma, J) grants provisional anticipatory bail to the petitioner, owner of a seized auto alleged to have been used for carriage of 55.5 liters of liquor (Shashtrinagar P.S. Case No. 483 of 2025, District Patna): release upon arrest or surrender within six weeks on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS. Confirmation of the provisional order is deferred: the Trial Court shall verify the petitioner's criminal antecedents - if more than one case is found, concealment of antecedents is presumed and the provisional order shall not be confirmed; if only one case is found, the provisional order shall be confirmed forthwith. No precedent is cited; counsel's contentions (non-apprehension from spot, implication as vehicle owner, driver having fled) are recorded as submissions, not findings.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13982 of 2026

Arising Out of PS. Case No.-483 Year-2025 Thana- SHASTRINAGAR District- Patna

======================================================

Tinku Kumar Saw Son of Prayag Saw Resident Of Village- Pipradih, PsDhanwar, Dist- Giridh

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-03-2026

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 55.5 liters of liquor from an Auto.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

Patna High Court CR. MISC. No.13982 of 2026(2) dt.12-03-2026 2/3

create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged who also fled from the spot.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (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 Shashtrinagar P.S. Case No. 483 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

It is made clear that thereafter the learned Trial Court 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 seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional

Patna High Court CR. MISC. No.13982 of 2026(2) dt.12-03-2026 3/3

anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Rishabh/-

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