Allowed

Bittu Kumar v. The State of Bihar

Patna HC4 Sept 2024CR. MISC./54897/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's petition for anticipatory bail in a case concerning illegal trade/manufacturing of illicit liquor. The court granted bail as the liquor was not recovered from his conscious physical possession.

What did the court decide?

Petitioner directed to be released on bail within four weeks of arrest/surrender, furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount.

Bittu Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54897 of 2024

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Arising Out of PS. Case No.-304 Year-2024 Thana- BETTIAH CITY District- West

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Champaran

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======================================================

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Bittu Kumar, Son of Chotte Lal Patel, Resident of Village-Chargaha, Ward No.- 04, P.S.-Bettiah, District- West Champaran, Bihar

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... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Mayank Mohan, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 04-09-2024

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Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The accused/petitioner is named in the FIR and apprehending his arrest in connection with Bettiah Town P.S. Case No.304 of 2024 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

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Allegation against the petitioner is to engage in

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illegal trade/manufacturing of illicit liquor, where there is recovery of 30 liters of IMFL/country-made liquor.

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It is submitted by learned counsel for the

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petitioner that petitioner is not connected in any manner with

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alleged motorcycle from which, the recovery of 30 liters of

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Patna High Court CR. MISC. No.54897 of 2024(2) dt.04-09-2024 2/3

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illicit liquor was made. It is further submitted that petitioner was not apprehended on spot and, therefore, it can be said safely that recovery of illicit liquor was not made from his possession, where his name transpired on the basis of statement of unknown nearby residents/people. While concluding argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail.

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Learned APP opposes the prayer for grant of anticipatory bail.

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In view of aforesaid facts and circumstances, as recovery of illicit liquor not appears to be made from conscious physical possession of this petitioner, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.304 of 2024, subject to the conditions as laid down

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Patna High Court CR. MISC. No.54897 of 2024(2) dt.04-09-2024 3/3

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under Section 438(2) of the CrPC/under Section 482(2) of

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the BNSS.

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(Chandra Shekhar Jha, J.)

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Sanjeet/- U T

Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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