Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bihar Negotiable Securities Act.
Summary
The petitioner, Bittu Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 24 litres of country-made liquor recovered from a joint family house. The prosecution’s case was based on a secret informant’s tip and the testimony of the mahal chowkidar, who identified the petitioner despite his alleged absence from the scene. The petitioner argued that he neither owned nor had exclusive possession of the premises, that the seizure was not conducted per legal requirements, and that the chowkidar’s accusation was motivated by a prior criminal case. The State opposed the bail, contending that the petitioner was named in the FIR and could not evade prosecution. The court, after considering the lack of direct evidence linking the petitioner to the liquor and the procedural deficiencies, granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the Bihar Negotiable Securities Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged absence from the place of occurrence and lack of exclusive possession preclude liability.
- Whether procedural lapses in the seizure (absence of a seizure list) affect the bail application.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- seizure procedure
- joint family house
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9404 of 2026
Arising Out of PS. Case No.-671 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Bittu Kumar S/O Late Binda Yadav R/O Vill - Kakariya, P.S - Noorsarai,
Distt. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
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 Noorsarai P.S. Case No. 671 of 2025 dated
25.12.2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, on secret information the
informant proceeded to village Kakariya and during search 24
liters of country-made liquor were recovered from the house of
the petitioner and the mahal chowkidar disclosed the name of
the petitioner, who allegedly fled away from the place of
occurrence.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9404 of 2026(2) dt.19-02-2026
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petitioner is innocent and has committed no offence as alleged
in the F.I.R. 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. It is submitted that the
alleged recovery has been made from a joint family house where
other family members also reside and the petitioner is not the
exclusive owner or in exclusive possession of the place of
occurrence. He further submits that the mahal chaukidar has
falsely implicated the petitioner in the present case because of
criminal antecedent of one case in which he is already on bail,
without any basis and except suspicion there is nothing on
record to connect the present petitioner with the alleged
occurrence. Seizure list has not been made as per law. In the
light of the aforesaid facts and circumstances of the case,
petitioner cannot be held liable for the same and no offence is
made out as alleged in the F.I.R. against the petitioner.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that the
petitioner is F.I.R. named accused 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,
Patna High Court CR. MISC. No.9404 of 2026(2) dt.19-02-2026
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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
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 Exclusive Special
Excise Judge-II, Biharsharif, Nalanda in connection with
Noorsarai P.S. Case No. 671 of 2025, subject to the conditions
as laid down under Section 482(2) of B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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