Patna High Court
Rajesh KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rajesh Kushwaha, was implicated in Excise Case No. 500 of 2025 for alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022, on the basis that a motorcycle he owned was used to transport 21 litres of liquor. He contended that he had merely lent the motorcycle to co‑accused Awadesh Soni and had no knowledge of the liquor, also asserting a clean criminal antecedent. The State opposed his application for anticipatory bail. The High Court, applying Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S., granted anticipatory bail subject to a cash bond of Rs.10,000 with two sureties and several conditions, including personal appearance in court and verification of antecedents. The order clarified that any observations made therein would not affect the trial, and the bail could be cancelled if conditions were breached.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC despite the alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether mere ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.
- Whether the conditions imposed by the court are appropriate and lawful.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- motor vehicle ownership
- criminal procedure
- Bihar Prohibition and Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11013 of 2026
Arising Out of PS. Case No.-500 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Rajesh Kushwaha S/o Gopal Ram Pyare Kushwaha Resident of Village-
Gokulpur Khagawal, P.S.- Chandauli, District- Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Excise Bhabua P.S. Case No. 500 of 2025 registered for the
offences under Sections 30(a), 32(i)&(ii), 41(i)&(ii) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution story, the allegation against
the petitioner is that he happens to be the owner of the
motorcycle from which 21 liters of liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case only
because he happens to be the owner of the motorcycle. It has
further been submitted that although the petitioner is the owner
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of the motorcycle, he has no concern with the seized liquor. It
has next been submitted that the petitioner had given his
motorcycle to the co-accused, namely Awadesh Soni, who was
apprehended with the alleged liquor on that basis alone the
petitioner being the owner of the motorcycle has falsely been
implicated. It has lastly been submitted that the petitioner
carries clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Excise Bhabua P.S.
Case No. 500 of 2025 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
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close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates,
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled
by the Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail
bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds
in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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