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Patna High Court

Bittu RajakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and sureties, under Section 482(2) of the BNSS, 2023.

Summary

The petitioner, Bittu Rajak, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act for alleged involvement in the seizure of 115.80 litres of illicit liquor and two motorcycles. The prosecution’s case relied on a confession by a co-accused, Rahul Kumar Yadav, who named the petitioner, but no liquor was found in the petitioner’s constructive possession. The petitioner argued that the seizure violated Section 103 of the Bihar National Security Act, 2023, and that the confession alone was insufficient for arrest. The State opposed the bail. Considering the lack of direct possession and the procedural concerns, the Court granted anticipatory bail subject to a bond of Rs. 10,000 and two sureties, invoking Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner is implicated solely on the basis of a co-accused's confession.
  • Whether the seizure of the liquor violated Section 103 of the Bihar National Security Act, 2023, affecting the bail decision.
  • Whether the absence of constructive possession of the illicit liquor justifies granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • constructive possession
  • confession of co-accused
  • Section 103 BNSS
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33809 of 2026
                         Arising Out of PS. Case No.-81 Year-2026 Thana- BUXAR District- Buxar
                 ======================================================
                 Bittu Rajak S/o Late Govind Rajak R/o Village - Budhanpurwa Sindigate
                 Town, P.S. - Budhanpurwa Sindigate, Dist. - Buxar.        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivek Raj
                 For the Opposite Party/s :       Mr. Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   20-05-2026                           Heard learned counsel for the parties through

                   virtual mode.

                                2. The petitioner is apprehending his arrest in

                   connection with Buxar (T) P.S. Case No.81 of 2026, F.I.R dated

                   08.02.2026, registered for the offences punishable under

                   Sections 30(a) of Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, the police recovered

                   115.80 liters of illicit liquor alongwith two motorcycles from the

                   spot. One person was apprehended on the spot and he disclosed

                   the name of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in this case merely on the

                   basis of confession made by the apprehended co-accused,

                   namely, Rahul Kumar Yadav. It is further submitted that the

                   seizure is said to have been prepared in gross violation of the

                   provisions of the Section 103 of BNSS. There is no recovery

                   from the constructive possession of the petitioner. He has no
               Patna High Court CR. MISC. No.33809 of 2026(2) dt.20-05-2026
                                                           2/2




                         connection with the seized liquor in question. It has lastly been

                         submitted that the petitioner has three criminal antecedents and

                         is ready to abide by the terms and conditions in case the

                         privilege of anticipatory bail is extended in his favour.

                                      5. Learned APP for the State opposes the prayer for

                         anticipatory bail application.

                                      6. Regard being had to the submissions made by the

                         parties, and taking into consideration the fact that the illicit

                         liquor has not been recovered from the conscious possession of

                         the petitioner, this Court is inclined to grant anticipatory bail to

                         the petitioner.

                                      7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         learned Exclusive Excise Special Court-I, Buxar, in connection

                         with Buxar (T) P.S. Case No.81 of 2026 subject to the condition

                         as laid down under Section 482(2) of the B.N.S.S., 2023.



                                                                       (Ajit Kumar, J)
shikha/-

U          T


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