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Patna High Court

Rajesh Kushwaha @ Bhulae @ BhuwarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Rajesh Kushwaha, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 45 litres of liquor near Koiripatti waterfall. He argued that the liquor was not in his conscious possession, the location was public, and the complainant (a chowkidar) did not inform police earlier, casting doubt on the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged facts and lack of possession justify granting bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • liquor seizure
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1021 of 2026
                  Arising Out of PS. Case No.-257 Year-2025 Thana- SRINAGAR District- West Champaran
                 ======================================================
                 Rajesh Kushwaha @ Bhulae @ Bhuwar S/o Ramkishun Kushwaha Resident
                 of Village- Singahi Mashan Dhab, P.S.- Srinagar, Dist.- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar Ii, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and allegation is of

                   recovery of 45 liters of liquor from a place near Koiripatti

                   waterfall.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.1021 of 2026(2) dt.20-01-2026
                                            2/3




          at the instance of Chowkidar, but then it is submitted that if

          Chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his 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) 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 Srinagar

          P.S. Case No. 257 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than three cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.1021 of 2026(2) dt.20-01-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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