Bittu Kumar @ Bittu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58635 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== 1.

Bittu Kumar @ Bittu Rai son of Umesh Rai Village -Samanchak Bajahiya (Saman Chak Bajaiha) PS- Dariyapur District -Saran at Chapra 2.

Umesh Rai son of Late Balam Rai Village -Samanchak Bajahiya (Saman Chak Bajaiha) PS- Dariyapur District -Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2026 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 110 litres of liquor from roof of the house of the petitioner no. 2.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and the house in

Patna High Court CR. MISC. No.58635 of 2025(3) dt.06-01-2026 2/3 question is a joint family property as such it cannot be alleged with certainty that it were petitioners who had kept the liquor in the house or the liquor kept in the house was within knowledge of the petitioners and they came to be implicated based on confessional statement of Manoj in police custody which does not have any evidentiary value.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Dariyapur P.S. Case No. 267 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before

Patna High Court CR. MISC. No.58635 of 2025(3) dt.06-01-2026 3/3 this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T