Patna High Court
Bittu Kumar @ Bitu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 If any petitioner is found to have more prior cases than disclosed, the bail would be withdrawn; otherwise, the provisional order would be confirmed.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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…