Allowed¶22

Bittu Kumar @ Bittu Rai v. The State of Bihar

Patna HC6 Jan 2026CR. MISC./58635/2025

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Bihar Excise Act Section 30(a); Section 482(2) BNSS; liquor recovery 110 litres; joint family property; conscious possession; confessional statement in police custody; clean antecedent verification; concealment of criminal antecedent; Dariyapur P.S. Case No. 267 of 2025; Saran; Patna High Court; CRIMINAL MISCELLANEOUS No.58635 of 2025; Satyavrat Verma, J.; bail bond Rs. 500/- with two sureties.

What did the court decide?

Provisional anticipatory bail to both petitioners upon arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 500/- each with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation contingent on trial court verification of clean criminal antecedents. ¶22

Bittu Kumar @ Bittu Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in Dariyapur P.S. Case No. 267 of 2025 registered for offences under Section 30(a) of the Bihar Excise Act, are entitled to anticipatory bail.

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Court's answer

The Court granted the petitioners provisional anticipatory bail: in the event of arrest or surrender before the learned trial court within six weeks, they are to be released on bail bonds of Rs. 500/- each with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS, in connection with Dariyapur P.S. Case No. 267 of 2025.

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Ratio / Principle

The learned Trial Court shall thereafter verify the criminal antecedents of the petitioners; if any petitioner is found to have antecedent of even one case, it will be presumed he concealed his antecedent, and the provisional anticipatory bail order shall not be confirmed with respect to that petitioner.

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Key takeaways

If, after verification, the petitioners are found to be persons with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Satyavrat Verma, J.) granted PROVISIONAL anticipatory bail to two petitioners (father and son) apprehending arrest in Dariyapur P.S. Case No. 267 of 2025, District Saran, registered under Section 30(a) of the Bihar Excise Act; counsel alleged recovery of 110 litres of liquor from the roof of petitioner no. 2's house, a joint family property, with implication resting on a custodial confessional statement. Petitioners directed to arrest/surrender before the learned trial court within six weeks and furnish bail bonds of Rs. 500/- each with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS. Trial Court to verify criminal antecedents: concealment of even one prior case leads to non-confirmation of provisional bail for that petitioner; clean antecedents lead to confirmation forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58635 of 2025

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Arising Out of PS. Case No.-267 Year-2025 Thana- DARIYAPUR District- Saran

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Bittu Kumar @ Bittu Rai son of Umesh Rai Village -Samanchak Bajahiya (Saman Chak Bajaiha) PS- Dariyapur District -Saran at Chapra

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Umesh Rai son of Late Balam Rai Village -Samanchak Bajahiya (Saman Chak Bajaiha) PS- Dariyapur District -Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh For the Opposite Party/s : Mr.Ashok Kumar Singh

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 06-01-2026

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1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

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2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 110 litres of liquor from roof of the house of the petitioner no. 2.

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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 the house in

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Patna High Court CR. MISC. No.58635 of 2025(3) dt.06-01-2026 2/3

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question is a joint family property as such it cannot be alleged with certainty that it were petitioners who had kept the liquor in the house or the liquor kept in the house was within knowledge of the petitioners and they came to be implicated based on confessional statement of Manoj in police custody which does not have any evidentiary value.

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

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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. 500/- (Rupees Five Hundred) 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 Dariyapur P.S. Case No. 267 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS.

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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 petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before

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Patna High Court CR. MISC. No.58635 of 2025(3) dt.06-01-2026 3/3

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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 petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Bittu Kumar @ Bittu Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bittu Kumar @ Bittu Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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