Patna High Court
Sushil Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sushil Kumar Kushwaha, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of three litres of liquor from a motorcycle he owned. He was not caught in possession of the liquor and claimed he was unaware that another individual, Amresh, misused his vehicle. The petitioner has four prior criminal cases, and the State opposed his request for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed verification of his criminal antecedents. The order stipulated that if the petitioner is found to have more than four prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in an excise offence and having four prior criminal cases
- Whether the lack of direct possession of the seized liquor and ownership of the vehicle justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- vehicle ownership
- criminal antecedent
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13267 of 2026
Arising Out of PS. Case No.-61 Year-2023 Thana- PUPRI District- Sitamarhi
======================================================
Sushil Kumar Kushwaha S/o Vishnudev Mahto R/o Village- Pipraun, P.S.-
Harlakhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases and allegation is of
recovery of 3 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.13267 of 2026(2) dt.10-03-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Amresh would misuse the vehicle in the manner as alleged who
was also apprehended from the spot. It is next submitted that
since petitioner has antecedents, as such, the police also
implicated him without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor court in connection with
Pupri P.S. Case No. 61 of 2023 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than four cases then it would be presumed that petitioner, for the
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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