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Patna High Court

Sushil Kumar KushwahaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.13267 of 2026(2) dt.10-03-2026
                                                        3/3




                      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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