Patna High Court
Bittu Kumar @ Ansh RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Bittu Kumar, sought anticipatory bail after being implicated in a case (Sultanganj PS Case No. 406 of 2025) for alleged possession of 5.25 litres of illicit English wine under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The prosecution claimed the wine was recovered from a concealed spot behind the petitioner’s house based on secret information, while the petitioner argued he was not present at the location, had no possession, and that the FIR lacked disclosure of the source of information and proper seizure procedures. The State opposed bail, contending the recovery’s proximity to the petitioner’s residence linked him to the offence. The court considered the petitioner’s absence, lack of direct possession, and procedural deficiencies, and decided to grant anticipatory bail subject to a bail bond and sureties, imposing conditions under Section 482(2) of the BNSS. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor is recovered from premises adjacent to the petitioner’s residence.
- Whether the petitioner’s non‑presence at the scene and lack of conscious possession negate liability under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether procedural irregularities in the FIR and seizure process affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- procedural lapse
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9109 of 2026
Arising Out of PS. Case No.-406 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Bittu Kumar @ Ansh Raj Son of Ajay Mandal Resident of Village- Mirja
Gaun, P.S.- Sultanganj, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Sharma, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Sultanganj P.S. Case No. 406 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act, 2022.
3. As per prosecution case, on the basis of secret
information 5.25 litre illicit English wine was recovered from
the bush behind the back side of the house of the petitioner
which was kept concealed under the earth in a plastic bag.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case just
Patna High Court CR. MISC. No.9109 of 2026(2) dt.18-02-2026
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because the petitioner is having one criminal antecedent. He
further submits that petitioner was not found at the place of
occurrence and nothing has been recovered from the conscious
possession of the petitioner. He further submits that place of
recovery is an open place and same is accessible to all and
petitioner cannot be held responsible for the alleged recovery.
He further submits that source of secret information has not
been disclosed in the FIR, which questions the authenticity of
the F.I.R. There is no independent witness to the seizure list
except the police officials and the mandatory procedure under
law has not been followed. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioner as alleged in the F.I.R.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner by submitting that the
alleged recovery of English wine has been made from behind
the house of the petitioner and hence, he cannot escape from the
allegation made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
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above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-12-cum-Special Excise Judge-2,
Bhagalpur in connection with Sultanganj P.S. Case No. 406 of
2025, subject to the conditions as laid down under Section
482(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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