Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and conditions.
Summary
The petitioner, Bittu Kumar, was arrested on 4 February 2026 in connection with an FIR dated 2 February 2026 alleging seizure of 3,293.40 litres of foreign liquor. He was charged under Section 281 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended). The petitioner contended that he had a clean antecedent, that the truck from which the liquor was recovered was overturned and he was taken for medical treatment, and that the truck was searched in his absence, violating procedural requirements under Sections 103 and 105 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, noting the lack of the petitioner’s presence during the search and his clean record, granted bail on a bond of Rs 10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged illegal possession of foreign liquor under Sections 281 of the BNSS and 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged procedural lapses (search conducted in the accused’s absence and non‑compliance with Sections 103 and 105 of the BNSS, 2023) justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 281
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- foreign liquor
- excise
- procedural lapse
- Section 281
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 103
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17558 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Bittu Kumar S/O Late Ram Udgar Ray R/O Village - Jitwarpur,P.S - Muffasil,
District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawal Kishor Prasad, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-03-2026 Heard Mr.Nawal Kishor Prasad,learned counsel for
the petitioner and Ms.Nirmala Kumari, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
04.02.2026 in connection with Kusheshwar Asthan P.S. Case
No. 23 of 2026, F.I.R. dated 02.02.2026 registered for the
offence punishable under Section 281 of BNS and Section
30(a) of Bihar Prohibition and Excise Act, 2022 (Amended).
3. Recovery is of 3293.40 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. It appears
Patna High Court CR. MISC. No.17558 of 2026(2) dt.19-03-2026
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from the FIR that the truck in question was overturned on
30.01.2026 and the petitioner was taken to Primary Health
Centre Satighat for treatment and on 02.02.2026 and the truck in
question was searched on 02.02.2026 in absence of the
petitioner and police has shown that the recovery has been made
from the Truck in question. Learned counsel for the petitioner
submits that the petitioner is cleaner of the truck in question and
he has not concern at with the alleged recovery of illicit liquor
and petitioner has been made accused in the present case and
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 04.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and the truck in question was not searched in
presence of the petitioner, let the petitioner, 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 learned Exclusive Special Judge-II (Excise Act),
Darbhanga in connection with Kusheshwar Asthan P.S. Case
No. 23 of 2026,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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