Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioner is entitled to regular bail as the evidence does not establish his conscious possession of the illicit liquor and the custody period is not excessive.
Summary
The petitioner, Bittu Kumar, was arrested in connection with the recovery of 777.600 liters of illicit foreign liquor from a pick‑van registered in his name. He filed a regular bail application under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, contending that no incriminating material was found in his conscious possession and that he bore no direct involvement in the seizure. The State opposed the bail, arguing that the vehicle was owned by the petitioner and the liquor was illicit. The Court examined the facts, noting the absence of any material directly linking the petitioner to the contraband and the relatively short period of custody since 30 March 2026. Accordingly, the Court allowed the bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Exclusive Special Excise Judge‑II, Samastipur.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act
- Whether the circumstances of custody and lack of incriminating material justify granting bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- illicit liquor
- excise law
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32446 of 2026
Arising Out of PS. Case No.-58 Year-2024 Thana- VAINI District- Samastipur
======================================================
Bittu Kumar S/o Shambhu Paswan R/o Village - Harpur, Mahmada, P.S. -
Pusa, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar , Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. As per the prosecution case, 777.600 liters of illicit
foreign liquor was recovered from the pick-van of which this
petitioner is registered owner.
4. Learned counsel for the petitioner submits that he is
innocent and has committed no offence. No incriminating
material has been recovered from conscious possession of the
petitioner and he has got no concern with the aforesaid recovery.
Petitioner is in custody since 30.03.2026 .
5. Learned A.P.P. for the State vehemently opposes the
Patna High Court CR. MISC. No.32446 of 2026(2) dt.15-05-2026
2/2
bail application.
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Let the above named petitioner 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 learned Exclusive Special
Excise Judge-II, Samastipur in connection with Waini PS Case
No. 58 of 2024 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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