Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted regular bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Bittu Kumar, was arrested on 10 October 2025 after police recovered 100 litres of illicit country-made liquor from a scooty and seized the vehicle. He claims he is not the owner of the scooty and was falsely implicated due to personal enmity. The petitioner applied for regular bail in connection with offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The State opposed the bail, arguing the seriousness of the offences. Considering the length of custodial detention, the petitioner’s lack of ownership of the vehicle, and the absence of any proven involvement, the Court granted bail on a cash bond of Rs. 10,000 with two sureties, subject to conditions of personal appearance and a family member as bailor.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the arrest and the petitioner’s alleged lack of ownership of the vehicle justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- regular bail
- illicit liquor
- excise law
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91081 of 2025
Arising Out of PS. Case No.-532 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Bittu Kumar S/O Umesh Sahani @ Umesh Sahni R/O Village- Sapahi, P.S-
Raghunathpur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Banjariya P.S. Case No.
532 of 2025 registered for the offences punishable under
Sections 274 and 275 of BNS and Section 30(a) of Bihar
Prohibition and Excise Act.
3. There is recovery of total 100 litres of country
made liquor from a scooty and the petitioner has been
apprehended from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case due to malice and grudge intention. Petitioner has no
concern either with the recovered illicit liquor or the seized
Patna High Court CR. MISC. No.91081 of 2025(2) dt.15-01-2026
2/2
scooty. Petitioner is not the owner of the alleged vehicle and he
is languishing in judicial custody since 10.10.2025.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Court of Exclusive Special Excise Court
No. 1, East Champaran at Motihari in connection with Banjariya
P.S. Case No. 532 of 2025 subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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