Patna High Court
BITTU KUMAR @ BITTU KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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/-
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