Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86013 of 2025 Arising Out of PS. Case No.-361 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Bittu Kumar S/O Rambilash Prasad, Resident of Village -Laund, P.S- Sirdalla, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate Mr.Rajnish Kumar, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sirdalla P.S.Case No.361 of 2025, registered for the offences punishable under Sections 30(a) and 41 of Bihar Prohibition and Excise Act.

3. The prosecution story in short is that the Police seized 100 ltrs. country-made liquor from the semi-constructed house of co-accused Rambilash Prasad.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has

Patna High Court CR. MISC. No.86013 of 2025(2) dt.18-12-2025 2/3 been falsely implicated in the present case. Learned counsel further submitted that the petitioner has two criminal antecedents of similar nature, in which he has been implicated on the basis of the disclosure made by the Chowkidar due to enmity.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, as well as, considering the fact that 100 ltrs. liquor has been recovered from the house of co-accused, Rambilash Prasad and the name of the petitioner has been disclosed by the chowkidar due to enmity, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Nawada in connection with Sirdalla P.S.Case No.361 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No.86013 of 2025(2) dt.18-12-2025 3/3 petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T