Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Bittu Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 10.350 litres of liquor from a location adjacent to his house. He argued that the liquor was not in his conscious possession, the FIR did not name the informant, and he has a clean criminal antecedent. The State opposed his request for anticipatory bail. The Court considered these submissions and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with a six‑week window for surrender. The order also directed the trial court to verify the petitioner’s antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed. The decision reflects the Court’s balancing of the petitioner’s rights against the seriousness of the alleged offence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the lack of the informant’s name in the FIR and the absence of liquor in the petitioner’s conscious possession justify granting anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- liquor seizure
- Criminal Procedure Code
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20572 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- EXCISE MAHUWA District- Vaishali
======================================================
Bittu Kumar Son of Ashok Choudhary Resident of Village – Arniya
(Jandaha), P.S. - Jandaha, Dist. - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 10.350 litres of liquor from a place behind the house
of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated at
the instance of the local person but then the name of the person
Patna High Court CR. MISC. No.20572 of 2026(2) dt.31-03-2026
2/3
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on the secret
information and is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/Successor Court
in connection with Mahua Excise P.S. Case No. 09 of 2026,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.20572 of 2026(2) dt.31-03-2026
3/3
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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