Patna High Court
Bittu Kumar @ Ansh RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the petition for anticipatory bail, finding that the circumstances did not justify denial of bail.
Summary
The petitioner, Bittu Kumar, was named in an FIR (Sultanganj PS Case No. 407/2025) for alleged contravention of Section 30(a) of the Bihar Prohibition of Excise Act after 51 litres of foreign liquor were recovered based on secret information. The petitioner contended that he was not present at the scene, no incriminating article was found in his possession, and the source of the secret information was undisclosed, rendering the FIR unreliable. The State opposed anticipatory bail, arguing that the petitioner was a named accused. The Court examined the lack of material evidence and the procedural deficiencies, and, applying Section 482(2) of the B.N.S.S., granted anticipatory bail subject to a bail bond and sureties. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR under Section 30(a) of the Bihar Prohibition of Excise Act when the prosecution's case is based on undisclosed secret information and no material evidence is found against the accused.
Legislation cited
- B.N.S.S. — s. 105, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition of Excise Act
- secret information
- FIR
- Section 30(a)
- Section 105 B.N.S.S.
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9341 of 2026
Arising Out of PS. Case No.-407 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
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 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. 407/2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition of Excise Act.
3. As per prosecution case, on the basis of secret
information, 51 liter foreign liquor was recovered from the road
side and the petitioner is alleged to have fled away from the
place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner bears one criminal antecedent and
learned counsel for the petitioner orally submits that in which he
Patna High Court CR. MISC. No.9341 of 2026(2) dt.19-02-2026
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is on bail. The petitioner was not found at the place of
occurrence. No incriminating article has been recovered from
the possession of the petitioner. The petitioner has no concern
with the seized liquor. He further submits that name of the
petitioner has been transpired in this case on the basis of secret
information and the source of secret information has not been
divulged in the FIR, which questions the authenticity of the FIR
and the petitioner cannot be held liable for the alleged recovery.
He further submits that there is no compliance of Section 105 of
the B.N.S.S. In the light of the aforesaid facts and circumstances
of the case, no case is made out against the petitioner under the
provision of Bihar Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioner and submitted that
the petitioner is FIR named accused and hence, he cannot
escape from the allegation made in the FIR.
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
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
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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 Court of learned
District and Additional Sessions Judge-12-cum-Special Excise
Judge-2, Bhagalpur in connection with Sultanganj P.S. Case No.
407/2025, subject to the conditions as laid down under Section
482 (2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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