Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied the petitioner's application for regular bail.
Summary
Bittu Kumar was arrested in connection with an Excise case (Case No.58C2 of 2026) under section 30(a) of the Bihar Prohibition and Excise Act, 2016, for allegedly having 20 litres of country liquor and 105 litres of Jawa Mahua recovered from outside his hut. He filed an application for regular bail, asserting that no incriminating article was found in his possession or his hut and that the recovery was external to his premises. The State opposed the bail, highlighting the seriousness of the offence and the petitioner’s prior antecedent under the same Act. The Court, after considering the FIR allegations and the petitioner’s antecedent, declined to grant bail, stating that the petitioner was not entitled to release at this stage. The Court, however, allowed the petitioner to file a fresh bail application after six months.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the alleged possession of liquor recovered outside his hut.
- Whether the petitioner’s antecedent under the same Act warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- excise offence
- Bihar Prohibition and Excise Act
- section 30(a)
- antecedent
- possession of liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17587 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Bittu Kumar Son of Chhotan Manjhi @ Chotan Manjhi Resident of Village-
Rajauna Chauki, Musahari, P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise P.S. Case
no.58C2 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 20 litres of country
liquor and 105 litres of Jawa Mahua belonging to the petitioner
is said to have been recovered from outside the hut of the
petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession or his hut. From the contents of the FIR itself, it
would transpire that the alleged recovery is from outside the hut
of the petitioner. The cause of false implication of the petitioner
Patna High Court CR. MISC. No.17587 of 2026(2) dt.25-03-2026
2/2
is his antecedent. The petitioner is in custody since 28.1.2026
and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR together with the petitioner having antecedent under the
Bihar Prohibition and Excise Act, 2016, the Court is not inclined
to enlarge the petitioner on bail and application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
Shiv/-
U T
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