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Patna High Court

Bittu Kumar @ Ansh RajversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.9109 of 2026(2) dt.18-02-2026
                                                        3/3




                      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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