Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Bittu Kumar, was arrested in connection with a case alleging that 207 litres of country-made liquor were recovered from a vehicle, violating Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passenger, had no knowledge of the goods, was not the owner or driver, and that no incriminating material was found in his possession. The petitioner also highlighted his lack of prior criminal record and the non‑application of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the circumstances and the period of custody, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with for bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- liquor smuggling
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12213 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Bittu Kumar Son of Pramod Chauhan R/o Village - Pipra Khas, P.S.- Mirganj,
District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghav Prasad, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gopalpur P.S. Case No. 284 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 207
liters of country made liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner was neither owner nor
Patna High Court CR. MISC. No.12213 of 2026(2) dt.23-02-2026
2/2
driver of the vehicle and he has no knowledge regarding nature
of goods loaded on the vehicle. The petitioner took lift from the
co-accused Raju Ali and he has no knowledge regarding nature
of goods loaded on the vehicle. The petitioner is in custody
since 02.11.2025 and has got no criminal antecedent. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gopalpur P.S. Case
No. 284 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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