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Patna High Court

Kashinath Kushwaha @ Kashinath Pd. KushwahaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kashinath Kushwaha, applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police recovered over 1,200 litres of illicit liquor from land belonging to another person. The petitioner claimed he had no involvement or possession of the seized liquor and was falsely implicated, though he has a prior excise offence for which he is already on bail and has been in judicial custody since 15 November 2025. The State opposed the bail on the ground of the petitioner’s criminal antecedent and the seriousness of the offence. After considering the facts, the court noted the lack of direct possession by the petitioner but also weighed his prior record and period of custody. The court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court.

Issues considered

  • Whether the petitioner is entitled to regular bail despite a prior excise offence and ongoing judicial custody.
  • Whether the seizure of illicit liquor from a third party's land can be linked to the petitioner for the purpose of denying bail.

Subjects

  • regular bail
  • excise offence
  • illicit liquor
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11176 of 2026
                    Arising Out of PS. Case No.-306 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
                 Kashinath Kushwaha @ Kashinath Pd. Kushwaha Son of Late Bishwanath
                 Prasad Kushwaha R/o Village - Kankatti, P.S. - Mehsi, Dist. - East
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Balgovind Sharma, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Mehsi P.S. Case No. 306 of 2025 for the offences registered

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. On getting secret information regarding keeping

                   hide of illicit liquor in the mango, litchi orchard situated in the

                   south of the house of Anuj Kumar, police party reached there

                   and recovered 1205.640 litre illicit liquor kept under the soil in

                   the land of Ramakant Bhagat.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner has no concern with the seized liquor. No
              Patna High Court CR. MISC. No.11176 of 2026(2) dt.17-02-2026
                                                          2/2




                        incriminating material has been recovered either from the

                        conscious possession of the petitioner or from his house.

                        Recovery of illicit liquor has been made from the land of

                        Ramakant Bhagat. Petitioner has one criminal antecedent, which

                        belongs to Excise Act in which he is on bail. He is in judicial

                        custody since 15.11.2025.

                                     5. Learned counsel appearing on behalf of the State

                        opposes the prayer for grant of bail to the petitioner.

                                     6. Considering the submissions made on behalf of the

                        parties, facts and circumstances of the case, criminal antecedent

                        and period of custody undergone by the petitioner, let the

                        petitioner, named above, be enlarged on bail upon furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                        the like amount each to the satisfaction of learned Exclusive

                        Special Excise Court No. 3, East Champaran, Motihari in

                        connection with Mehsi P.S. Case No. 306 of 2025.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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