Tunu Kumar Singh @ Tunu Kumar @ Tun Tun Kumar @ Tun Tun Kumar @ Tun Tun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1462 of 2026 Arising Out of PS. Case No.-249 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Tunu kumar singh @ Tunu Kumar @ Tun Tun Kumar @ Tun Tun Kumar @ Tun Tun Kumar Singh son of Rupesh Singh RESIDENT OF VILLAGEKAHEN,P.S.-JAGDISPUR,DISTRICT-BHOJPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Malti Kumari, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-01-2026

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 offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 164.885 liters of liquor from two motorcycles and an Auto.

4. 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

Patna High Court CR. MISC. No.1462 of 2026(2) dt.21-01-2026 2/3 motorcycle. It is next submitted that on the date of occurrence, the petitioner was in custody and thus petitioner was completely unaware that Ravi would misuse the vehicle in the manner as alleged who was also apprehended from the spot, but then police in mechanical manner implicated the petitioner being owner of the vehicle.

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

6. 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 Trial Court 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 Udwantnagar P.S. Case No. 249 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. 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

Patna High Court CR. MISC. No.1462 of 2026(2) dt.21-01-2026 3/3 purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional 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/- U T