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Patna High Court

BITTU KUMAR @ UPENDRA SAHUversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Bittu Kumar, was implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 1,400 litres of liquor from eight motorcycles. He argued that he has a clean antecedent, was not arrested at the scene, did not have the seized vehicles in his possession, and that the only evidence against him was a confessional statement made by another accused, Sanjay Kumar, while in police custody, which he claimed lacks evidentiary value. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties of the same amount, and conditioned the order on verification of the petitioner’s criminal antecedent. If any antecedent is found, the provisional bail will not be confirmed; if none is found, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise Act, 2016.
  • Whether the confessional statement of a co-accused made in police custody can be relied upon for denying anticipatory bail.
  • Whether the lack of ownership or possession of the seized vehicles and liquor affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • clean antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37589 of 2026
                      Arising Out of PS. Case No.-134 Year-2025 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 BITTU KUMAR @ UPENDRA SAHU S/o Kailash Sahu @ Kailash Saw R/o
                 vill - Rengaini, P.S.- Gurpa, Distt.- Gaya
                                                                     ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                   1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 41 of the Bihar

                   Prohibition and Excise Act, 2016.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1400 litres of liquor from eight motorcycles.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of any of the seized vehicles and came to

                   be implicated based on the confessional statement of Sanjay Kumar

                   in police custody which does not have any evidentiary value in the

                   eye of law.

                                 5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.37589 of 2026(2) dt.17-06-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, let the petitioner,

                     above-named, in the event of his arrest or surrender within a period

                     of six weeks from today, be released on provisional anticipatory bail

                     on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with

                     two sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending/Successor Court in connection

                     with Sindhugarh P.S. Case No. 134 of 2025, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner and

                     if it is found that petitioner has antecedent of even one case, it would

                     be presumed that petitioner had concealed his antecedent before this

                     Court at para 3 of the anticipatory bail application in that event the

                     provisional anticipatory bail order shall not be confirmed but if it is

                     found on verification that petitioner is a person with clean antecedent

                     in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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