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Patna High Court

Bittu Kumar @ Bitu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bonds, sureties, verification of antecedents, and a deposit with the Advocates’ Association.

Summary

The petitioners, Bittu Kumar, Akash Kumar and Chhotu Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 110 litres of liquor from a public bush. They argued that they were not arrested on the spot, no liquor was found in their possession, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on each petitioner furnishing a bail bond of Rs.15,000 with two sureties, and directed verification of their criminal antecedents within six weeks. If any petitioner is found to have more prior cases than disclosed, the bail would be withdrawn; otherwise, the provisional order would be confirmed. The petitioners also agreed to deposit Rs.2,500 with the Patna High Court Advocates’ Association.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • bail bond
  • public place
  • recovery of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2610 of 2026
                      Arising Out of PS. Case No.-213 Year-2025 Thana- BARHARA District- Bhojpur
                 ======================================================
           1.     Bittu Kumar @ Bitu Kumar Son of Late Vijay Ray Resident of Village- Lala
                  Ke Tola, P.S.- Barhara, District- Bhojpur
           2.    Akash Kumar Son of Prasun Ray @ Shiv Parshan Ray Resident of Village-
                 Lala Ke Tola, P.S.- Barhara, District- Bhojpur
           3.     Chhotu Ray @ Ayush Kumar Son of Gulshekhar Ray Resident of Village-
                  Lala Ke Tola, P.S.- Barhara, District- Bhojpur
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prabhat Kumar Singh
                 For the Opposite Party/s :       Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026               1.    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of two cases out of which one case is

                   under the Excise Act, petitioner no. 2 has antecedent of one case

                   under the Excise Act and petitioner no. 3 has antecedent of three

                   cases out of which one case is under the Excise Act and allegation is

                   of recovery of 110 litres of liquor from a bush.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.2610 of 2026(2) dt.28-01-2026
                                            2/3




          recovery is from a place which does not belong to the petitioners and

          is accessible to public at large and they came to be implicated at the

          instance of local people, but then the name of the person, who

          disclosed the name of the petitioner is not disclosed in the FIR,

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

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the event

          of their arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees

          Fifteen Thousand) each 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 Barhara P.S. Case No.

          213 of 2025, subject to the conditions as laid down under Section

          Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the event

          if it is found that petitioner no. 1 has antecedent of more than two
              Patna High Court CR. MISC. No.2610 of 2026(2) dt.28-01-2026
                                                          3/3




                        cases, petitioner no. 2 has antecedent of more than one case and

                        petitioner no. 3 has antecedent of more than three cases then it would

                        be presumed that petitioners, for the purposes of seeking anticipatory

                        bail, had concealed their antecedent before this Court, as such, the

                        provisional anticipatory bail order shall not be confirmed with

                        respect to that petitioner who had concealed his criminal antecedent

                        before this Court, but after verification if it is found that petitioner

                        no. 1 has antecedent of two cases, petitioner no. 2 has antecedent of

                        one case and petitioner no. 3 has antecedent of three cases in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.

                                 8.     At this stage, the learned counsel for the petitioners

                        based on instruction submits that petitioners undertake to deposit an

                        amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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