Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79416 of 2025 Arising Out of PS. Case No.-378 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Bittu Kumar Son of Late Yugal Paswan @ Yugal Paswan Resident of Village - Bandarjhula, Police Station - Bhutahi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Sonbarsa P.S. Case No. 378 of 2024 dated 25.11.2024 registered under Section 317(2) of the B.N.S. 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the first information report a total quantity of 12.600 liters of illicit foreign liquor kept in a plastic bag has been recovered from the place of occurrence and the Police party apprehended three persons while one person managed to flee away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. The name of the petitioner surfaced in the disclosure made by the arrested co-accused / Phulwati Devi and

Patna High Court CR. MISC. No.79416 of 2025(2) dt.03-12-2025 2/2 Suraj Kumar. The illicit foreign liquor in question has not been recovered from the conscious possession and / or premises belonging to the petitioner. The petitioner has clean antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit foreign liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner, name of petitioner has transpired in the disclosure made by the arrested co-accused and the petitioner has clean antecedent, accordingly , I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge -I, Sitamarhi in connection with Sonbarsa P.S. Case No. 378 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T