Patna High Court
Bittu Choudhary @ Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, finding insufficient evidence of his possession and noting his clean antecedent.
Summary
The petitioner, Bittu Choudhary, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 3294.36 litres seized from a car and a hotel. Counsel argued that the liquor was not found in the petitioner's exclusive possession and that the seizure violated Section 103(4) of the Bihar Narcotic and Psychotropic Substances Act because no independent witness was present. The petitioner's name appeared only in statements of co‑accused Naman Kumar and Prashant Kumar, and he claimed a clean antecedent. The State opposed the petition for anticipatory bail. The Court, noting the lack of direct possession and the petitioner's clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the FIR.
- Whether the seizure of liquor complied with Section 103(4) of the Bihar Narcotic and Psychotropic Substances Act.
- Whether the co‑accused statements are sufficient to establish the petitioner's possession of the illicit liquor.
Legislation cited
- Bihar Narcotic and Psychotropic Substances Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 103(4) BNSS
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42907 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- Jhandapur District- Bhagalpur
======================================================
Bittu Choudhary @ Dhananjay Kumar, S/o Nand Kishore Choudhary, R/o
Vill.- Jhandapur, P.S- Jhandapur, Dist- Bhagalpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Jhandapur P.S.
Case No.17 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 3294.36 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized liquor was recovered from a
Car bearing Registration No. BR10AG-9186 and also from a
Patna High Court CR. MISC. No.42907 of 2026(2) dt.02-07-2026
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hotel. It is further submitted that no recovery has been
effected from the conscious and exclusive possession of the
petitioner, and there is no material on record to establish his
conscious possession of the alleged illicit liquor. It is argued
that Section 103(4) of BNSS has not been complied with
qua search of premises, inasmuch as no independent witness
was associated with the search and seizure list and the
seizure witnesses were police personnel themselves. It is
also pointed out that the name of the petitioner surfaced
solely on the disclosure statement made by apprehended co-
accused, namely, Naman Kumar and Prashant Kumar. The
petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
Patna High Court CR. MISC. No.42907 of 2026(2) dt.02-07-2026
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from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge-IX, Special
Judge Excise, Bhagalpur in connection with Jhandapur P.S.
Case No.17 of 2026, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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