Patna High Court

Bittu Kumar @ Bittu Kumar YadavversusThe State of Bihar

Decided: 8 June 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court ordered that the petitioner be released on bail subject to a bond and conditions.

Summary

The petitioner, Bittu Kumar, was the driver of a truck from which 509.760 liters of foreign liquor and 48 liters of beer were seized. He contended that he had no knowledge of the liquor, was not in physical possession, and that the search and seizure violated statutory requirements due to lack of an independent witness. The State opposed bail, citing a prior similar offence in the petitioner’s criminal history. The court examined the facts, noting the petitioner’s role as driver and the alleged procedural lapses in the seizure. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the investigation and that one bailor be a close relative.

Issues considered

Whether bail should be granted to the driver of a seized truck under Section 30(a) of the Bihar Prohibition and Excise Act when the search and seizure may have been procedurally defective.
Whether the petitioner’s prior criminal antecedent of a similar nature warrants denial of bail.

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)

Subjects

bail
search and seizure
excise law
Section 30(a)
prior criminal antecedent
driver
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36099 of 2026
                 Arising Out of PS. Case No.-30 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
                 ======================================================
                 Bittu Kumar @ Bittu Kumar Yadav Son of Jabir Yadav @ Javeer Yadav
                 Resident of Village - Kuruthiya, Ward No. 1, Post Office - Bhadvar, Police
                 Station - Bagen Gola, District - Buxar, Pin Code - 802134.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Agrawal, Sr. Adv.
                                                 Mr. Vikramadit, Adv.
                 For the Opposite Party/s :      Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026                     Heard N. K. Agrawal, learned senior counsel for the

                   petitioner and learned APP for the State.

                                    2. The petitioner seeks bail in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                    3. Perusal of the first information report and the

                   seizure list, would go to show that 509.760 liters of foreign

                   liquor and 48 litres of beer are said to have been recovered from

                   the truck.

                                    4. It is submitted by learned senior counsel for the

                   petitioner that there is no recovery from the physical and

                   conscious possession of the petitioner. The petitioner is said to

                   be the driver of the seized truck and he had no knowledge

                   whatsoever with regard to the presence of the liquor on the said
Patna High Court CR. MISC. No.36099 of 2026(2) dt.08-06-2026
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          truck. It is further submitted that the mandatory provisions of

          search and seizure have been violated as there is no independent

          witness to the seizure list and the petitioner is in custody since

          12.03.2026 and the investigation is almost on close.

                             5. Learned APP for the State opposes the prayer for

          bail on the ground that petitioner has one criminal antecedent of

          similar nature of the offence. In response to which, learned

          counsel for the petitioner submits that in the said case the

          petitioner is on provisional anticipatory bail for the purposes of

          verification of criminal history.

                       6.      Taking    into     consideration   the      facts   and

          circumstances and also considering the fact that the petitioner

          was the driver of the seized truck and the mandatory provisions

          of search and seizure have been violated, the above named

          petitioner is directed to be enlarged on 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

          below where the case is pending/successor Court in connection

          with Excise Jagdishpur P.S. Case 30 of 2026, subject to the

          further condition that:

                       (i)      The     petitioner     shall   cooperate      in   the

          investigation/trial.
             Patna High Court CR. MISC. No.36099 of 2026(2) dt.08-06-2026
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                                    (ii) One of the bailors will be a family member/close

                       relative.



                                                 (Soni Shrivastava, J)
devendra/-

U      T

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