Bittu Kumar @ Bitu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27558 of 2026
                     Arising Out of PS. Case No.-74 Year-2026 Thana- MOTIPUR District- Muzaffarpur
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                 Bittu Kumar @ Bitu Kumar S/o Shambhu Rai @ Shambhu Kumar Ray R/o
                 Vill- Sadha Dambar, P.S.- Motipur, Distt- Muzaffarpur
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   09-07-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 157.860 litres of liquor from a field

                   behind the house of petitioner.                It is next submitted 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

                   but then is adjacent to his house and he came to be implicated at

                   the instance of chowkidar with whom he is on an inimical term.

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

                   anticipatory bail of the petitioner.
             Patna High Court CR. MISC. No.27558 of 2026(4) dt.09-07-2026
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                                    5. Considering the submissions made by the learned

                       counsel for the petitioner, 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.5000/- (Rupees five 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 Motipur P.S. Case No.74/2026, subject to the

                       conditions as laid down under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                          (Satyavrat Verma, J)
amit/-

U        T