Patna High Court
Raju Kushwaha @ Shyam Mahto@Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Raju Kushwaha, applied for anticipatory bail in connection with a case under the Bihar Prohibition and Excise Act where 20.25 litres of illicit liquor was seized from a motorcycle and a co-accused, Sonu Kumar, was arrested. The prosecution’s case against the petitioner rests solely on the confessional statement of Sonu Kumar, with no liquor or incriminating article recovered from the petitioner’s possession or vehicle. The petitioner argued that he has no criminal antecedent and is not linked to the seized liquor. The State opposed the bail, but the Court noted the lack of material evidence against the petitioner. Accordingly, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the only basis of accusation is a co-accused’s confessional statement and no contraband is found in the petitioner’s possession.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- confessional statement
- constructive possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11381 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- Hattha District- Muzaffarpur
======================================================
Raju Kushwaha @ Shyam Mahto@Shyam Kumar S/o Abhimanu Prasad R/o
Village- Matlupur @ Matlapur, Ward No.9, P.S- Hattha, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha
For the Opposite Party/s: Mr. Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in
connection with Hattha P.S. Case No.135 of 2025, F.I.R dated
29.12.2025 registered for the offences punishable under
Sections 30(a), 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, altogether 20.25 liters
of illicit liquor was recovered from a motorcycle and one person
namely, Sonu Kumar, was apprehended on the spot.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired solely on the basis of the
confessional statement of the apprehended co-accused, namely,
Sonu Kumar, who disclosed the name of the petitioner, and this
is the only basis for implicating the petitioner in this case. It is
further submitted that no liquor or incriminating article has been
recovered from the conscious possession of the petitioner, and
Patna High Court CR. MISC. No.11381 of 2026(2) dt.17-02-2026
2/2
he is in no way connected with the seized liquor or the seized
vehicle. Lastly, it is submitted that the petitioner has no criminal
antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
vehicle belonging to the petitioner, accordingly, this Court is
inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Special Judge, Excise Court No.II,
Muzaffarpur in connection with Hattha P.S. Case No.135 of
2025 subject to the condition as laid down under Section 482(2)
of the B.N.S.S., 2023.
(Ajit Kumar, J)
shikha/-
U T
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