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Patna High Court

BITTU KUMAR @ BITTU KUMAR SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Bittu Kumar, was implicated in a police raid that uncovered large quantities of foreign liquor seized from a vehicle and a motorcycle, leading to a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner sought anticipatory bail, arguing that a co-accused had been granted bail in a similar case and offering to donate Rs. 25,000 to charity without admitting guilt. The State opposed the bail application. The court, noting the precedent and the petitioner's willingness to comply with conditions, granted anticipatory bail subject to a cash deposit, sureties, and regular police station attendance. The order emphasized that the observations were prima facie and not indicative of the case's merits. The bail is to be released upon fulfillment of the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38126 of 2026
                     Arising Out of PS. Case No.-115 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Bittu Kumar @ Bittu Kumar Singh S/O Late Ramesh Singh R/o vill - Senduar
                 Kunwar Tola, Dayalpur, P.S.- Janta Bazar, Distt.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bishwajeet Singh, Adv.
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with Janta Bazar P.S. Case No. 115 of 2026 registered for

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                   3. As per the prosecution case, the police

                   conducted a vehicle checking, however, noticing the police

                   party, three persons succeeded in fleeing away, whereas one

                   Manu Kumar Yadav, who was apprehended at the spot. In

                   course of raid, a Ford Free Style Titanium Car and motorcycle

                   were seized. From the afore-noted car, total 261 litres of foreign

                   liquor was recovered, whereas 43.200 litres of Indian made

                   foreign liquor was recovered from the motorcycle. The
Patna High Court CR. MISC. No.38126 of 2026(2) dt.16-06-2026
                                            2/3




          apprehended person disclosed the name of the petitioner and

          others who succeeded in fleeing away.

                          4. Learned counsel for the petitioner submits that

          name of the petitioner has come during investigation. He further

          submits that the similarly situated co-accused Nitish Kumar has

          been granted anticipatory bail by the co-ordinate Bench of this

          Court and the case of the present petitioner stands on similar

          footings. He undertakes to donate a sum of Rs. 25,000/- (Rupees

          Twenty-Five Thousand Only) to a charitable organization,

          without prejudice to his defence and without admitting guilt.

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

          opposed the prayer for bail.

                          6. Considering the facts and circumstances of the

          case, this application for anticipatory bail stands allowed.

                          7. Accordingly, let the petitioner, above-named, in

          the event of arrest or surrender within four weeks from today in

          the Court below, be released on anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with

          two sureties of the like amount each to the satisfaction of

          learned Court below where the case is pending/successor Court

          in connection with Janta Bazar P.S. Case No. 115 of 2026,

          subject to the conditions as laid down under Section 482(2) of
            Patna High Court CR. MISC. No.38126 of 2026(2) dt.16-06-2026
                                                        3/3




                      the B.N.S.S. with further conditions that:-

                                                           (i) The petitioner shall deposit a
                                              sum of Rs. 25,000/- (Rupees Twenty-Five
                                              Thousand Only) with Ramakrishna Mission
                                              Ashrama, Latu Maharaj Path , Opp. Circuit
                                              House, Chapra, Bihar 841301 and shall
                                              produce a valid receipt thereof before the
                                              court below. The bail bonds shall be
                                              accepted only after verification of the
                                              genuineness of the said receipt.
                                                           (ii) The petitioner shall mark his

                                              attendance at Dayalpur Police Station on

                                              every Sunday of each month. In the event of

                                              default, the bail bonds shall be liable to be

                                              cancelled.

                                      8. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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