Patna High Court
Sittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not establish the petitioner's possession and he has a clean antecedent.
Summary
The petitioner, Sittu Kumar, was named in an FIR for allegedly manufacturing illegal cough syrup, with 15 litres seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. Counsel argued that the seized liquor was found on a third party's maize field and that there was no evidence of the petitioner's possession or involvement, noting his clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court observed that the seizure did not prima facie establish the petitioner's possession and, given his clean record, directed that he be released on bail upon surrendering to the lower court within four weeks, subject to a bail bond and sureties. The bail was granted under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the CrPC in a case under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s name in the FIR, based solely on villagers' statements, suffices to establish possession for prosecution.
- Whether the seizure of illicit liquor from a third party’s field implicates the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- possession
- clean antecedent
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44872 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- SAUR BAZAR District- Saharsa
======================================================
Sittu Kumar, Son of Hitlar Yadav, Resident of village- Laxaminiya Tola,
Kanp, Ward no. 4, P.S.- sour Bazar, Dist- Saharsa
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 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 Sour Bazar P.S.
Case No.82 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022 (Amended).
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit cough syrup, where there
is recovery of 15 litres of Cough Syrup.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Maize field of one, namely, Chandan Kumar. It is initially
Patna High Court CR. MISC. No.44872 of 2026(2) dt.08-07-2026
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submitted that the present case was instituted under the
provisions of the Excise Act and not under the NDPS Act. It
is further submitted that the name of the petitioner surfaced
solely on the disclosure made by villagers, and not on the
basis of any material demonstrating his conscious
possession, involvement or complicity in the alleged offence.
It is further submitted that seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. 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
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
Patna High Court CR. MISC. No.44872 of 2026(2) dt.08-07-2026
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learned Exclusive Special Judge Excise-II, Saharsa in
connection with Sour Bazar P.S. Case No.82 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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