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Patna High Court

BITTU KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioners subject to specified conditions.

Summary

The petitioners, Bittu Kumar and Akhilesh Sahani, were arrested in connection with a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for allegedly possessing 160 litres of illicit liquor. They contended that they were not caught at the scene, no contraband was found on them, and that they were falsely implicated by locals and police. The prosecution opposed bail, citing their prior criminal records and the seriousness of the offence. The court, noting the length of their pre‑trial detention and the lack of direct evidence linking them to the seized liquor, granted bail on a bond of Rs 10,000 each with two sureties and imposed several conditions, including personal sureties, physical presence at trial, and verification of antecedents. The order also allowed the trial court to cancel bail if the petitioners breach any condition or conceal prior convictions.

Issues considered

  • Whether bail should be granted to accused persons in offences under the Bihar Prohibition and Excise Act, Sections 30(a) and 41(1).
  • Whether the petitioners’ prior criminal antecedents justify denial of bail.
  • Whether the absence of incriminating articles in the petitioners’ possession warrants bail.

Subjects

  • bail
  • prohibition and excise
  • criminal procedure
  • antecedent
  • conditions of bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89603 of 2025
                 Arising Out of PS. Case No.-282 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
           1.     Bittu Kumar S/O Umesh Sahani @ Umesh Sahni R/o vill - Sapahi, P.S.-
                  Raghunathpur, Distt.- East Champaran
           2.    Akhilesh Sahani @ Bawali S/o Moti Sahani R/o vill - Sapahi, P.S.-
                 Raghunathpur, Distt.- East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   07-01-2026                     Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. Petitioners, who are in custody, seeks bail in

                   connection with Raghunathpur P.S. Case No. 282 of 2025

                   registered for the offence(s) punishable under Section(s)

                   30(a) and 41(1) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, a total of 160 litres

                   of country-made liquor was recovered from bushes near the

                   bank of the river and three persons are said to have fled

                   away from the place of occurrence.

                                4. The learned counsel for the petitioners submits

                   that the petitioners were neither apprehended at the place of
Patna High Court CR. MISC. No.89603 of 2025(2) dt.07-01-2026
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          occurrence nor was any incriminating article recovered

          from their conscious possession. It is further submitted that

          petitioner no. 1 has one criminal antecedent and petitioner

          no. 2 has two criminal antecedents of similar nature and that

          the petitioners have been falsely implicated in the present

          case at the behest of local villagers and the local police. The

          learned counsel lastly submits that the petitioners have

          clean antecedent and they are in custody since 29.10.2025

          and 10.10.2025 respectively.

                       5. The petitioners are willing and undertakes to

          deposit a sum of Rs. 5,000/- each with the Advocate

          Association, Patna High Court.

                       6. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       7. Regard being had to the facts and circumstances

          of the case and taking note of the fact that the petitioners

          have remained in custody since 29.10.2025 and 10.10.2025

          respectively, let the petitioners, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.89603 of 2025(2) dt.07-01-2026
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          pending/successor court in connection Raghunathpur P.S.

          Case No. 282 of 2025, subject to the following conditions:-

                       (i) One of the bailors of the petitioners shall be

          their close relative and the other shall be the local resident.

                       (ii) The petitioners shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the

          petitioners will be liable to be cancelled by the court

          concerned.

                       (iv) If the petitioners are found involved in similar

          nature of offence in future, the prosecution shall be at

          liberty to move for cancellation of his bail bond.

                       (v) The learned Court below shall verify the

          criminal antecedent of the petitioners and in case at any

          stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioners. However, the

          acceptance of bail bonds in terms of the above-mentioned

          order shall not be delayed for purpose of or in the name of

          verification.
               Patna High Court CR. MISC. No.89603 of 2025(2) dt.07-01-2026
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                                      8. The bail bond of the petitioners shall be

                         accepted by the learned Trial Court on showing receipt of

                         deposit of aforesaid amount with the Advocate Association,

                         Patna High Court.

                                      9. Accordingly, the prayer for bail is allowed.

                                      10. It is made clear that the observation, if any,

                         made in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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