Patna High Court
Bittu Kumar Ray @ Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 103
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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