Patna High Court
Shishupal Kushwaha @ Shishpal Kumar KhushwahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner subject to a Rs 10,000 bond with two sureties and the conditions prescribed under Section 480(3) of the BNSS/Section 437(3) of the CrPC.
Summary
The petitioner, a driver, was arrested at the scene of a seizure of 2,556 litres of foreign liquor concealed in a truck and charged with offences under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the vehicle, had no knowledge of the contraband, and that the seizure list violated Section 103 of the Narcotic Substances Act because no independent witness was produced. The prosecution opposed bail. After hearing both sides, the High Court held that bail could be granted, subject to a bond of Rs 10,000 with two sureties, one of whom must be a close relative, and the condition that the petitioner cooperate with the trial. The trial court was directed to verify the petitioner’s clean antecedent and cancel bail if any concealed criminal record is discovered. The order was issued without delay for verification.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the seizure list was prepared in violation of Section 103 of the Bihar Narcotic Substances Act due to lack of an independent witness.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- excise
- foreign liquor
- driver
- seizure
- criminal procedure
- verification of antecedent
- section 103
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 11829 of 2026
Arising Out of PS. Case No.-606 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Shishupal Kushwaha @ Shishpal Kumar Khushwaha Son of Chhotelal
Kushwaha R/O village - Parsauni Fajinagar @ Fazilnagar, P.S.- Padherwa,
Dist.- Kushinagar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Usha Kumari
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR JUSTICE RITESH KUMAR
ORAL ORDER
2 17-02-2026 Heard the parties.
2 The petitioner is in custody in connection with
Chakia PS Case No 606 of 2025 for allegedly having committed
an offence under Sections 318 (4), 338, 336 (3), 340 (2), 3 (5) of
the BNS and Sections 30 (a), 41 (1) and 52 of the Bihar
Prohibition and Excise Act.
3 The learned counsel for the petitioner submits that
2556 liters of English/foreign made liquor was seized from a
truck having a separate compartment for concealing the same
and the petitioner was arrested from the spot. The learned
counsel for the petitioner furthers submits that the petitioner is
not the owner of the truck and he is only the Driver and it was
not within his knowledge that such a huge quantity of foreign
Patna High Court CR. MISC. No.11829 of 2026(2) dt.17-02-2026
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liquor has been concealed. The learned counsel for the petitioner
further submits that the seizure list has been prepared in
complete violation of the provisions of Section 103 of the
BNSS, since no independent witness has come forward to
support the prosecution case and there is no eye witness to the
occurrence. The learned counsel for the petitioner further
submits that the petitioner is in judicial custody since
08.12.2025 and he has got clean antecedent.
4 The learned APP opposes the prayer for bail
vehemently.
5 Having heard learned counsel for the parties, let the
petitioner above named be released on bail on his furnishing bail
bond of Rs 10,000/- with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Excise Court
III, East Champaran at Motihari in connection with Chakia PS
Case No 606 of 2025 subject to the condition as laid down
under Section 480 (3) of the BNSS/437 (3) of the Cr P C with a
condition that :
(i) one of the bailors should be a
close relative/family member of the
petitioner,
(ii) the petitioner will cooperate in the trial.
6 The learned trial Court shall verify the criminal
Patna High Court CR. MISC. No.11829 of 2026(2) dt.17-02-2026
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antecedent of the petitioner and in case at any stage if it is found
that the petitioner has concealed his criminal antecedent, then
the Court below shall take steps for cancellation of his bail
bond. However, the acceptance of the bail bond in terms of the
above mentioned order shall not be delayed for the purpose of
or in the name of verification.
(Ritesh Kumar, J)
M.E.H./-
U T
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