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Patna High Court

Bittu Ray @ Bittu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Bittu Ray, applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 242.640 litres of liquor. He argued that he was not arrested at the spot, the liquor was not in his possession, the alleged site was public land, and his name was omitted from the FIR, casting doubt on the prosecution's case. The State opposed the bail, citing the petitioner’s three prior criminal cases. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties, verification of his antecedents, and a further deposit of Rs.10,000 with the Lawyers’ Association. The order stipulated that if more than three prior cases are found, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in an excise offence where the accused was not in possession of the alleged contraband and is not named in the FIR.
  • Whether the petitioner’s criminal antecedent of three cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • Section 30(a)
  • bail conditions
  • criminal antecedent
  • FIR omission
  • liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2069 of 2026
                      Arising Out of PS. Case No.-457 Year-2025 Thana- BASANTPUR District- Siwan
                 ======================================================
                 Bittu Ray @ Bittu Kumar Son of Sanjay Ray Resident of Village - Basantpur,
                 P.S. - Basantpur, District - Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh
                 For the Opposite Party/s :       Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases and allegation is of

                   recovery of 242.640 litres of liquor from bushes near a canal.

                                4. The 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 alleged

                   recovery is from a place, which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated

                   at the instance of local person, but the name of the person, who
Patna High Court CR. MISC. No.2069 of 2026(2) dt.27-01-2026
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          disclosed the name of the petitioner is not disclosed in the F.I.R.,

          which casts an aspersion on the case of the prosecution. It is

          also submitted that off late, police has stated implicating the

          accused in excise cases who have antecedent without holding a

          proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.15,000/- (Rupees Fifteen Thousand) 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 Basantpur P. S. Case No.457 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than three cases,
               Patna High Court CR. MISC. No.2069 of 2026(2) dt.27-01-2026
                                                           3/3




                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.10,000/- with

                         Lawyers’ Association, Patna High Court, Patna.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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