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Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties of equal amount, with conditions under Section 482(2) of the B.N.S.S.

Summary

Bittu Kumar, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 9 litres of foreign liquor recovered from an open area behind his house. He contended that the liquor was in a public space accessible to all and that villagers might have hidden it, alleging a violation of Section 103 of the B.N.S.S. during the search and seizure. The State, represented by the Additional Public Prosecutor, opposed his request for anticipatory bail. The Court examined the facts, the alleged procedural irregularities, and the provisions of Section 482(2) of the B.N.S.S. concerning anticipatory bail. It concluded that bail could be granted subject to a bond and sureties, imposing conditions under the said section. Consequently, the petition for anticipatory bail was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged violation of Section 103 during the search and seizure.
  • Whether the recovery of liquor from an open public area justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • search and seizure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 103
  • Section 482(2)
  • illegal liquor possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34407 of 2026
                     Arising Out of PS. Case No.-207 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Bittu Kumar S/o Shri Niwas Yadav R/o - Dayalpur West Tola, P.s - Janta
                 Bazar, Dist. - Saran, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Purnendu Keshav, Advocate
                 For the Opposite Party/s :       Mr. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in a case in

                   connection with Janta Bazar P.S. Case No. 207 of 2025 dated

                   04.09.2025 registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                 3. As per the allegation, 9 litres of foreign liquor was

                   recovered from a “khop” which was behind the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner has submitted

                   that the recovery has been made from the open space outside the

                   house of the petitioner and the same is accessible to all. It has

                   further been submitted that local villagers might have concealed

                   the liquor in the said area and the search and seizure is in
           Patna High Court CR. MISC. No.34407 of 2026(2) dt.19-05-2026
                                                       2/2




                     violation of section 103 B.N.S.S. It has further been submitted

                     that though the petitioner has been made accused in one another

                     case, but not of similar nature.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for anticipatory bail of the petitioner.

                                  6. Heard the parties and perused the record.

                                  7. Considering the facts and circumstances of the

                     case, let the above named petitioner, in the event of his

                     arrest/surrender within a period of six weeks from today, be

                     enlarged on anticipatory bail on furnishing bail-bond of Rs.

                     10,000/- (Rupees ten thousand) with two sureties of the like

                     amount each to the satisfaction of the learned court concerned,

                     Saran (Chapra), in connection with Janta Bazar P.S. Case No.

                     207 of 2025, subject to conditions as laid down under section

                     482(2) of the B.N.S.S.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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