Patna High Court
Rajesh Kushwaha @ Bhulae @ BhuwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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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