Bittu Choudhary @ Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42907 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- Jhandapur District- Bhagalpur ====================================================== Bittu Choudhary @ Dhananjay Kumar, S/o Nand Kishore Choudhary, R/o Vill.- Jhandapur, P.S- Jhandapur, Dist- Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Jhandapur P.S. Case No.17 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 3294.36 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the seized liquor was recovered from a Car bearing Registration No. BR10AG-9186 and also from a
Patna High Court CR. MISC. No.42907 of 2026(2) dt.02-07-2026 2/3 hotel. It is further submitted that no recovery has been effected from the conscious and exclusive possession of the petitioner, and there is no material on record to establish his conscious possession of the alleged illicit liquor. It is argued that Section 103(4) of BNSS has not been complied with qua search of premises, inasmuch as no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. It is also pointed out that the name of the petitioner surfaced solely on the disclosure statement made by apprehended coaccused, namely, Naman Kumar and Prashant Kumar. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks
Patna High Court CR. MISC. No.42907 of 2026(2) dt.02-07-2026 3/3 from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-IX, Special Judge Excise, Bhagalpur in connection with Jhandapur P.S. Case No.17 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Raushan/- U T