Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 482(2)
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/-
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