Patna High Court
Bittu RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar National Security Act, 2023 — s. 103, 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
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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