CR. MISC./10428/2026 of Tulasi Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10428 of 2026 Arising Out of PS. Case No.-297 Year-2025 Thana- HATHUA District- Gopalganj ====================================================== Tulasi Kumar S/o Rajbanshi Bhagat R/o Village - Semariya, P.S - Nautan, District - Siwan, State - Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr/s.Priya Raj For the Opposite Party/s : Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 24-02-2026 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 16.92 litres of liquor from a scooty. 4. The learned counsel for the petitioner submits that petitioner was not arrested 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 scooty. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create Patna High Court CR. MISC. No.10428 of 2026(2) dt.24-02-2026 2/3 evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged who also fled from the spot. 5. Learned A.P.P. opposes the anticipatory bail application. 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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) 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 Hathua P. S. Case No.297 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. 8. 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 even one case, then it would be presumed that petitioner for the purposes of obtaining Patna High Court CR. MISC. No.10428 of 2026(2) dt.24-02-2026 3/3 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 that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- (Satyavrat Verma, J) U T