Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bond, sureties and verification of antecedent under Section 482(2) of the BNSS.
Summary
Bittu Kumar and Jitendra Kumar sought anticipatory bail after a FIR was lodged under Sections 30(a) and 41(1) of the Bihar Excise Act alleging that 313 litres of liquor were recovered from a Scorpio vehicle and a mustard field. The petitioners contended that they have clean antecedents, were not in actual possession of the liquor, and that the vehicle and field do not belong to them; they alleged that a hostile watchman (chowkidar) fabricated the complaint. The State opposed the bail application. The Court, after hearing both sides, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioners’ criminal antecedents within six weeks. It further directed that if any antecedent is discovered, the bail for that petitioner would be withdrawn, otherwise the provisional bail would be confirmed. The order reflects the Court’s application of Section 482(2) of the BNSS to ensure that the bail is not misused while safeguarding the petitioners’ rights pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act.
- Whether the petitioners’ lack of possession and clean antecedent justify bail.
- What conditions, if any, should be imposed on the anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28966 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- MOTIPUR District- Muzaffarpur
======================================================
1. Bittu Kumar Son of Shambhu Ray Resident of Village - Sadha Dambar, P.S -
Motipur, District - Muzaffarpur.
2. Jitendra Kumar Son of Vishwanath Ray Resident of village - Mahna Road,
P.S - Motipur, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 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 Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 313 liters of liquor from a Scorpio vehicle and a
mustard field.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and are not the
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owner of the seized vehicle nor the mustard field belongs to
them and they came to be implicated at the instance of
Chowkidar with whom they are on an inimical term. It is also
submitted that if Chowkidar was aware of the involvement of
the petitioners in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
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.
500/- (Rupees Five Hundred) 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 Motipur
P.S. Case No. 72 of 2026 subject to the conditions as laid down
under 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 any of the petitioners have antecedent of
even one case then it would be presumed that petitioners, for the
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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 antecedent, but after verification if it is
found that petitioners are persons with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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