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Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified monetary and attendance conditions.

Summary

The petitioner, Bittu Kumar, was arrested on 19 May 2026 in connection with an excise case involving 76.230 litres of illicit liquor seized from his vehicle, alleged to violate Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He has two prior criminal antecedents and has been in custody for over a month. The petitioner claimed innocence, asserting false implication, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed bail, citing the seriousness of the offence and the petitioner’s record. The Court, after considering the custody period, the nature of the offence, and the petitioner’s willingness to comply with conditions, allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties, subject to a Rs. 25,000 donation to Ramakrishna Mission Vidyapith and monthly attendance at the police station.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, considering the seriousness of the offence, the accused’s antecedents, and the conditions proposed by the petitioner.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41370 of 2026
                       Arising Out of PS. Case No.-309 Year-2026 Thana- Excise P.S. District- Purnia
                 ======================================================
                 Bittu Kumar S/o Sudhir Sah R/o Village- ward no 7, Haripur, PS- Aloli, Dist-
                 Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Ankita Kumari
                 For the Opposite Party/s :         Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Excise Sadar P.S. Case No. 309

                   of 2026, registered for offences punishable under Sections 30(a)

                   and 47 of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 76.230 liters of illicit

                   liquor have been recovered from the car in question. The

                   petitioner is in custody since 19.05.2026 and has two criminal

                   antecedents.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather,

                   he has been falsely implicated in the present case. It is further

                   submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.41370 of 2026(2) dt.25-06-2026
                                            2/3




          25,000/- (Rupees Twenty-Five Thousand only) to a charitable

          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on 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 the learned Court concerned where the case is

          pending/successor court in connection with Excise Sadar P.S.

          Case No. 309 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Vidyapith, Ramakrishna
                          Nagar, P.O. Vidyapith Deoghar, Jharkhand, 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 Aloli Police Station on every Sunday
                          of each month. In the event of default, the bail
            Patna High Court CR. MISC. No.41370 of 2026(2) dt.25-06-2026
                                                        3/3




                                      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)
Shishir/-

U       T


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