Bittu Kumar @ Bitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2610 of 2026 Arising Out of PS. Case No.-213 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== 1.

Bittu Kumar @ Bitu Kumar Son of Late Vijay Ray Resident of Village- Lala Ke Tola, P.S.- Barhara, District- Bhojpur 2.

Akash Kumar Son of Prasun Ray @ Shiv Parshan Ray Resident of VillageLala Ke Tola, P.S.- Barhara, District- Bhojpur 3.

Chhotu Ray @ Ayush Kumar Son of Gulshekhar Ray Resident of VillageLala Ke Tola, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2026 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 petitioner no. 1 has antecedent of two cases out of which one case is under the Excise Act, petitioner no. 2 has antecedent of one case under the Excise Act and petitioner no. 3 has antecedent of three cases out of which one case is under the Excise Act and allegation is of recovery of 110 litres of liquor from a bush. 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 even the alleged

Patna High Court CR. MISC. No.2610 of 2026(2) dt.28-01-2026 2/3 recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. 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. 15,000/- (Rupees Fifteen Thousand) 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 Barhara P.S. Case No. 213 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 petitioner no. 1 has antecedent of more than two

Patna High Court CR. MISC. No.2610 of 2026(2) dt.28-01-2026 3/3 cases, petitioner no. 2 has antecedent of more than one case and petitioner no. 3 has antecedent of more than three cases then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before 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 petitioner no. 1 has antecedent of two cases, petitioner no. 2 has antecedent of one case and petitioner no. 3 has antecedent of three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

8.

At this stage, the learned counsel for the petitioners based on instruction submits that petitioners undertake to deposit an amount of Rs. 2,500/- with Advocates' Association, Patna High Court.

(Satyavrat Verma, J) Sumit/- U T