Patna High Court
Bittu Kumar @ Aditya KumarversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of any material directly implicating the petitioner and given his clean antecedent, bail was granted subject to standard conditions.
Summary
The petitioner, Bittu Kumar (also known as Aditya Kumar), was arrested on 3 February 2026 in connection with the seizure of 4,437 litres of foreign liquor alleged to violate Sections 30(a), 32(ii), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2018. He contended that he was not named in the FIR, that his alleged involvement stemmed only from the confessional statements of co‑accused Rajesh Kumar, and that no material seized was found in his possession nor was he the owner or driver of the truck from which the liquor was recovered. The prosecution opposed bail, arguing the seriousness of the offences. The court examined the lack of direct evidence against the petitioner, his clean antecedent, and the principle that bail should not be denied merely on the basis of the nature of the offence when the accused is not shown to be a flight risk or a tamperer of evidence. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering, and verification of antecedents. The bail order was directed to be implemented by the Special Judge, Excise Court‑II, Bettiah.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the Bihar Prohibition and Excise Act, 2018.
- Whether the absence of direct material linking the petitioner to the seized liquor justifies bail.
- Whether the petitioner poses a risk of tampering with evidence or fleeing.
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- criminal antecedent
- co‑accused statement
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27853 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
Bittu Kumar @ Aditya Kumar S/O Narayan Sah R/o Village -naya Tola
Prakash Nagar, Ward No 13 Police Station - Shikarpur District - West
Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Sarvesh Kashyap, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.02.2026 in connection with Shikarpur P.S. Case No. 113 of
2026, F.I.R. dated 31.01.2026 for the offences punishable under
Section 30(a), 32(ii), 36, 41(i) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 4437 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Petitioner is not named in the FIR
and his name transpired during investigation on the basis of
Patna High Court CR. MISC. No.27853 of 2026(2) dt.27-04-2026
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confessional statement of co-accused, namely, Rajesh Kumar
and except the disclosure made by apprehended co-accused
persons, no other cogent material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence. He further submits that it appears from the F.I.R. as
well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from truck in question and the petitioner is neither
the owner nor the driver of the truck in question. The petitioner
is in custody since 03.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Court-II, Bettiah, West Champaran in
connection with Shikarpur P.S. Case No. 113 of 2026, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.27853 of 2026(2) dt.27-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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