Created by Fuzzy Cloud

Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted as the FIR does not establish an offence under the Act and the petitioner’s prior antecedent does not bar relief, subject to conditions.

Summary

The petitioner, Bittu Kumar, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police, acting on secret information, seized 15 litres of illicit liquor away from his residence and filed an FIR. The petitioner argued that no liquor was recovered from his house or possession and that he would cooperate with the investigation, despite having a prior criminal antecedent. The State opposed the bail on the ground of the petitioner’s criminal record. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 PLJR 1089), which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence, the court found no material linking the petitioner to the seized liquor. Consequently, the court granted anticipatory bail with a bond of Rs.10,000 and six specific conditions regarding sureties, cooperation with police, regular court appearances, and non‑interference with witnesses. The bail order is to be executed by the Exclusive Special Judge, Excise, Samastipur.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
  • Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
  • Whether the absence of seizure from the petitioner’s possession or residence justifies anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 76(2)
  • criminal antecedent
  • bail conditions
  • seizure of illicit liquor
  • secret raid

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39068 of 2026
                    Arising Out of PS. Case No.-106 Year-2026 Thana- HASANPUR District- Samastipur
                 ======================================================
                 Bittu Kumar Son of Chandradev Mahto Resident of Ward No. 15, Girdharpur
                 Ahilwar, Ahilwara, P.O.- Ahilwar, P.S.- Hasanpur, District- Samastipur, Bihar-
                 848205.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar Kunwar, Advocate
                                                  Mr. Abhinav, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-06-2026                   Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Hasanpur P.S. Case No. 106 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                 3. As per the prosecution story, the Police, on secret

                   information, raided the place and there is recovery/seizure of 15

                   liters of country made liquor. This led to the FIR.

                                 4. Learned counsel for the petitioner submits that

                   recovery/seizure is far away from the house, only because he has

                   one criminal antecedent, got implicated and if granted relief, he

                   shall be diligently cooperating in trial/investigation.

                                 5. Further, learned counsel for the petitioner relied on

                   the judgment of the Full Bench of Hon’ble Patna High Court in the

                   case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)

                   PLJR 1089 wherein it has been held that an application for
Patna High Court CR. MISC. No.39068 of 2026(2) dt.17-06-2026
                                            2/3




          anticipatory bail in a case arising out of Bihar Excise and

          Prohibition Act can be maintained, despite the bar under Section

          76(2) of the Act, if on the basis of allegation made in the FIR, no

          offence under the said provision is made out.

                       6. Learned APP opposes the prayer submitting that he

          has criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from his conscious

          possession or from his house, in that background, this Court is

          inclined to extend him the privilege of anticipatory bail with

          conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the receipt

          of this order, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of like amount each to the satisfaction

          of learned Exclusive Special Judge – I, Excise, Samastipur in

          connection with Hasanpur P.S. Case No. 106 of 2026 subject to the

          following conditions:

                       (i)   one    of    the     bailor   should   be   the   family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police
          Patna High Court CR. MISC. No.39068 of 2026(2) dt.17-06-2026
                                                      3/3




                    Station as and when required for cooperating in the investigation;

                                 (iii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of his bail

                    bond by the Trial Court itself;

                                 (iv) the petitioner shall appear before the concerned

                    police station every fortnight for six months to mark his

                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be taken

                    for the cancellation of the bail bonds;

                                 (v) the     petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (vi) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty to

                    take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.