Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60305 of 2025 Arising Out of PS. Case No.-213 Year-2025 Thana- TEGHRHA District- Begusarai ====================================================== Bittu Kumar S/o Ram Pravesh Yadav Village- Marsaiti, Ward No. 8, PSTeghra, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Teghra P.S. Case No. 213/2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 157.500 liters foreign liquor from the Water Plant of the petitioner. Apprehended co-accused Rakesh Kumar disclosed the name of petitioner who was involved in selling the illicit liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Except confessional statement of co-accused, there is

Patna High Court CR. MISC. No.60305 of 2025(2) dt.22-09-2025 2/3 nothing on record to demonstrate the complicity of the present with the alleged occurrence. The petitioner bears two criminal antecedents in which he on bail which is not similar to the present case. 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. Seizure list has not been prepared as per law. 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.

6. Considering the facts and circumstances of the case, 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 Court of learned Exclusive Special Excise Judge-I, Begusarai in connection with Teghra P.S. Case No. 213/2025, subject to the conditions as laid

Patna High Court CR. MISC. No.60305 of 2025(2) dt.22-09-2025 3/3 down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T