Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64587 of 2025 Arising Out of PS. Case No.-602 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Bittu Kumar S/O Balli Sahani R/O Mohalla- Kedarnath Math, Alamganj Chouki, P.S- Alamganj, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, it is alleged that this petitioner along with two other co-accused persons assaulted the the informant saying that he is an informer of the police and he intends to reveal the illicit liquor trade which they were involved in. In the meantime, police reached the said place of occurrence and conducted raid thereon with the help of local villagers. In toto, 50 litres of illicit liquor was recovered from

Patna High Court CR. MISC. No.64587 of 2025(2) dt.13-10-2025 2/3 the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Further submission is that the recovery is made under the bridge at Keshavghat, however, the informant wrongly stated that the recovery is made from the house of the petitioner and other accused persons with ulterior motive. Petitioner was not present on the spot and he has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has one criminal antecedent of similar nature. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Special Case No. 10047 of 2018, arising out of Alamganj P.S. Case No. 602 of 2018, subject to

Patna High Court CR. MISC. No.64587 of 2025(2) dt.13-10-2025 3/3 the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T