Created by Fuzzy Cloud

Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.