Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Bittu Kumar was arrested in connection with a case involving the seizure of 126 litres of illicit country-made liquor from two motorcycles, alleged under Section 317(5) of the Bharatiya Nagarika Suraksha Sanhita (B.N.S.) and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no incriminating article in his possession, was not linked to the motorcycles, had no prior criminal record, and that the prosecution had not complied with Section 103 of the B.N.S. The State opposed the bail application. After considering the facts, the court found merit in the petitioner's claim and the period of custody already served, and consequently ordered his release on bail upon furnishing a bail bond of Rs. 15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the prosecution complied with the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 317(5)
Subjects
- bail
- illicit liquor
- prohibition
- excise
- criminal procedure
- Bharatiya Nagarika Suraksha Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4853 of 2026
Arising Out of PS. Case No.-563 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Bittu Kumar S/o Shambhu Baitha@Shambhu Rajak Resident of village-
Mudhadih, PS- Bhore, Distt- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the Opposite Party/s : Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhorey
P.S. Case No. 563 of 2025 instituted for the offences punishable
under Section 317(5) of the B.N.S. and Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 126 litres
of illicit country-made liquor was recovered from two
motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.4853 of 2026(2) dt.28-01-2026
2/2
that petitioner is in no manner connected with the motorcycles
in question or with the alleged recovery of liquor. The petitioner
is in custody since 20.11.2025 and has no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhorey P.S. Case
No. 563 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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