Patna High Court
Bittu Kumar @ Bittu RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bail bond conditions and verification of their criminal antecedents.
Summary
The petitioners, Bittu Kumar and Umesh Rai, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 110 litres of liquor from the roof of a house that is part of a joint family property. They argued they have clean antecedents, were not arrested at the scene, and no liquor was found in their conscious possession; the case relied on a confessional statement made by Manoj while in police custody, which they contended lacks evidentiary value. The State opposed their request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds of Rs. 500 each with two sureties and complying with conditions under Section 482(2) of the BNSS. The order also directed the trial court to verify the petitioners' criminal antecedents, and if any antecedent is found, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed. The decision reflects the Court's discretion to grant anticipatory bail where evidence is weak and the accused are of good character.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act based primarily on a confessional statement made in police custody.
- Whether the alleged liquor stored in a joint family property can be attributed to the petitioners without proof of possession or knowledge.
- Whether the petitioners' clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- joint family property
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58635 of 2025
Arising Out of PS. Case No.-267 Year-2025 Thana- DARIYAPUR District- Saran
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1. Bittu Kumar @ Bittu Rai son of Umesh Rai Village -Samanchak Bajahiya
(Saman Chak Bajaiha) PS- Dariyapur District -Saran at Chapra
2. Umesh Rai son of Late Balam Rai Village -Samanchak Bajahiya (Saman
Chak Bajaiha) PS- Dariyapur District -Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 110 litres of liquor from roof of the house of the
petitioner no. 2.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and the house in
Patna High Court CR. MISC. No.58635 of 2025(3) dt.06-01-2026
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question is a joint family property as such it cannot be alleged
with certainty that it were petitioners who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioners and they came to be implicated based on
confessional statement of Manoj in police custody which does
not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Dariyapur P.S. Case No. 267 of 2025, subject to the conditions
as laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
Patna High Court CR. MISC. No.58635 of 2025(3) dt.06-01-2026
3/3
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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