Sourabh Kumar Tiwary Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sourabh Kumar Tiwary Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of his arrest or surrender before the court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Spl. Judge, Excise 2nd, Aurangabad/concerned Court where Tandwa P.S. Case No. 22 of 2026 is pending, subject to the conditions laid down under Section 482(2) of BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and apprehending arrest in Tandwa P.S. Case No. 22 of 2026 (offence under Section 30(a) of Excise Act, 2018), is entitled to anticipatory bail.

Court's answer

Prima facie, the recovery of alleged illicit liquor does not appear to have been made from the conscious physical possession of the petitioner.

Ratio / Principle

Anticipatory bail granted: petitioner to be released on bail in the event of his arrest or surrender before the court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of BNSS.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Chandra Shekhar Jha, J., oral order dated 10-06-2026) allowed pre-arrest bail to the petitioner, named in the F.I.R. in Tandwa P.S. Case No. 22 of 2026 (District Aurangabad) registered for offences punishable under Section 30(a) of Excise Act, 2018, alleging illegal trading/manufacturing of illicit liquor with recovery of 397.15 litres of IMFL/country made liquor. Taking note that the recovery prima facie did not appear to have been made from the petitioner's conscious physical possession (he being implicated allegedly only as owner of the Scorpio vehicle used in carrying the liquor, claiming clean antecedents), the Court directed his release on bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Spl. Judge, Excise 2nd, Aurangabad/concerned Court, subject to the conditions under Section 482(2) of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30078 of 2026

Arising Out of PS. Case No.-22 Year-2026 Thana- TANDWA District- Aurangabad

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

Sourabh Kumar Tiwary s/o Sanjay Tiwari @ Sanjay Kumar Tiwary R/o vill - Piprdih, P.S.- Tandwa, Distt.- Aurangabad, Bihar

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Jai Narain Thakur, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 10-06-2026

Heard the parties

The petitioner is named in the F.I.R. and

apprehending his arrest in connection with Tandwa P.S. Case No. 22 of 2026 registered for the offences punishable under

Section 30(a) of Excise Act, 2018.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 397.15 litres of IMFL/country made liquor

It is submitted by learned counsel appearing on behalf of the petitioner that petitioner implicated with

present recovery of illicit liquor only for the reason that he is the owner of the Scorpio vehicle which was alleged to

involve in carrying of illicit liquor. It is submitted that

Patna High Court CR. MISC. No.30078 of 2026(3) dt.10-06-2026 2/2

admittedly recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. Petitioner claimed clean antecedent.

Learned APP, opposes the prayer of bail.

In view of aforesaid factual submission and by

taking note of fact as recovery of alleged illicit liquor primafacie not appears to be made from the conscious physical possession of the petitioner, accordingly petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, Excise 2^nd , Aurangabad /concerned Court, where the case is pending in connection with Tandwa P.S. Case No. 22 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J)

Sudha/- U T