Bittu Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41593 of 2026 Arising Out of PS. Case No.-182 Year-2026 Thana- JALALPUR District- Saran ====================================================== 1.
Bittu Kumar Rai S/O Nand Lal Rai R/V Puchhari, P.S- Baniyapur, Distt.- Saran.
2.
Pankaj Kumar S/O Late Shambhu Sah @ Shambhu Prasad R/V- Puchhari, P.S.- Baniyapur, Distt.- Saran.
3.
Naushad Ansari S/O Kalam Ansari R/V Noornagar, P.S.- Jalalpur, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeet Kumar Singh For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2026
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of three cases, out of which, two cases are under the Excise Act, petitioner no.2 has antecedent of six cases, out of which, four cases are under the Excise Act and petitioner no.3 has antecedent of two cases, out of which, one case is under the Excise Act and and allegation is of recovery of
Patna High Court CR. MISC. No.41593 of 2026(2) dt.30-06-2026 2/3 200 litres of liquor from a Toto. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owners of the seized vehicle and they came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.30,000/- (Rupees thirty thousand) 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 Jalalpur P.S. Case No.182/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.41593 of 2026(2) dt.30-06-2026 3/3
6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than three cases, petitioner no.2 has antecedent of more than six cases and petitioner no.3 has antecedent of more than two cases, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T