Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 47
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
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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
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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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