Patna High Court

Birabal Prasad KushwahaversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The court granted anticipatory bail to the petitioner, finding no constructive possession of the seized liquor.

Summary

The petitioner, Birabal Prasad Kushwaha, is the registered owner of a truck from which 89.280 litres of illicit liquor were seized in an Excise case. He claims he had no knowledge of the liquor being loaded, as the goods were loaded at Gorakhpur and the driver, who has been apprehended, acted without his authorization. The prosecution alleges offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner applied for anticipatory bail, arguing lack of constructive possession and no criminal antecedents. The court, noting the absence of direct possession by the petitioner, granted anticipatory bail subject to a bond and sureties under Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether the petitioner can be granted anticipatory bail despite the seizure of liquor from his truck.
Whether the petitioner is in constructive possession of the seized liquor for the purposes of Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
constructive possession
excise law
illicit liquor seizure
truck owner liability
Bihar Prohibition and Excise Amendment Act
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11412 of 2026
                     Arising Out of PS. Case No.-376 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Birabal Prasad Kushwaha S/o Late Ramawatar Prasad Kushwaha R/o Village-
                 Lohargawa, P.S- Madhuban, Dist- East Champaran.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Umesh Kumar Singh
                 For the Opposite Party/s :        Mr. Dr. Kumar Uday Pratap
                 ======================================================
                 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 Excise P.S. Case No.376 of 2025, F.I.R dated

                   25.06.2025, registered for the offences punishable under

                   Sections 30(a) and 32 of the Bihar Prohibition and Excise

                   Amendment Act, 2018.

                                3. As per the prosecution case, total 89.280 liters beer

                   and foreign liquor is said to have been recovered from the cabin

                   of a truck, of which the petitioner is the owner bearing

                   registration number BR-55-G-1546.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is the registered owner of the truck in question from

                   which liquor has been seized. However, as a matter of fact, the

                   goods were loaded at Gorakhpur and were being transported to

                   Motihari. After departure from Gorakhpur, the petitioner had no

                   knowledge of the alleged act of the driver, nor had he authorized

                   the transportation of liquor in his truck. It is further submitted
             Patna High Court CR. MISC. No.11412 of 2026(2) dt.17-02-2026
                                                         2/2




                       that the driver of the truck has already been apprehended by the

                       police and that the petitioner is in no way connected with the

                       seized liquor. Lastly, it is submitted that the petitioner has no

                       criminal antecedents.

                                    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 of 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 Additional District and Sessions Judge-IV cum

                       Exclusive Special Excise, Gopalganj in connection with Excise

                       P.S. Case No.376 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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