Patna High Court
Bitu BharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Bitu Bhar, was arrested in connection with a case alleging possession of 100 litres of liquor recovered from an open place, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no incriminating material was found in his possession and that the recovery was from a publicly accessible area. He has one prior criminal antecedent and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the lack of direct evidence, the circumstances of the recovery, and the period of custody already served. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the prior criminal antecedent and non‑compliance with Section 103 of the BNSS, 2023, preclude bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3449 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Bitu Bhar Son of Ramashray Bhar Resident of village - Phulwariya, P.S.-
Raghunathpur, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Raghunathpur PS Case No. 56 of 2025 instituted for the
offences under Section/s 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 100 liters
liquor was recovered at ‘Jin Baba’ in sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.3449 of 2026(2) dt.19-01-2026
2/2
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 06.12.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Raghunathpur PS
Case No. 56 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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