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Patna High Court

Bittu Kumar Ray @ Abhay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions specified under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioner, Bittu Kumar Ray, applied for anticipatory bail in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for allegedly possessing 270.96 litres of country‑made liquor. The prosecution’s informant, a police officer, claimed to have seen a person conceal a sac containing the liquor, which was later recovered. The petitioner contended that he was not arrested at the scene and that the accusation was based on a false complaint by a local chowkidar, alleging a violation of Section 103 of the BNSS. The State opposed the bail. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within six weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
  • Whether the alleged procedural violation under Section 103 BNSS affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • illegal liquor
  • Section 30(a)
  • Section 482(2)
  • Bhartiya Nagrik Suraksha Sanhita
  • Section 103 BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34353 of 2026
                       Arising Out of PS. Case No.-31 Year-2026 Thana- GADHA District- Sitamarhi
                 ======================================================
                 Bittu Kumar Ray @ Abhay Kumar Son of Late Jagannath Ray Resident of
                 Village- Garha (Patel Tola), P.S.- Garha, District- Sitamarhi
                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ritesh Kumar Narain Singh
                 For the Opposite Party/s :       Mr.Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   18-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This application for anticipatory bail arises out

                   of Garha P.S. Case No. 31 of 2026, registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Amendment Act.

                                   3. As per the prosecution case, the informant, a

                   police officer, on a tip off, reached Patel Tola, he saw one

                   person concealing something in a wheat field situated near a

                   Peepal Tree and as soon as the informant put torch light on him

                   that person fled away leaving a sac, from which 270.96 liters of

                   country made liquor was recovered.

                                   4. Learned counsel for the petitioner has submitted

                   that the petitioner was not arrested at the spot and it was the

                   local Chowkidar, with whom the petitioner is on inimical terms,
          Patna High Court CR. MISC. No.34353 of 2026(2) dt.18-05-2026
                                                      2/2




                    has named the petitioner. It has been further submitted that there

                    is violation of Section 103 BNSS.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                                 7. Considering the facts and circumstances, let the

                    petitioner above named, in the event of his arrest/surrender

                    within six weeks from today in the Court below, 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 Special Judge, Exclusive Excise Court-1, Sitamarhi,

                    in connection with Garha P.S. Case No. 31 of 2026, subject to

                    the conditions as laid down under Section 482(2) of the Bhartiya

                    Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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