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Patna High Court

Saroj Kushwaha @ Bullet @ Sanoj Kushwaha @ Bullet Kumar @ Sanoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Saroj Kushwaha, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 86.88 litres of liquor from two motorcycles. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the vehicles, contending that the investigation was based on secret information without proper inquiry. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also stipulated verification of the petitioner’s criminal antecedent, with confirmation of bail contingent on the findings.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
  • Whether the alleged facts and the petitioner’s criminal antecedent justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14459 of 2026
                   Arising Out of PS. Case No.-184 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Saroj Kushwaha @ Bullet @ Sanoj Kushwaha @ Bullet Kumar @ Sanoj
                 Kumar Son of Suraj Mahto Resident of village- Naya Tola Dumariya PS-
                 Bairiya District -West Champaran
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 86.88 litres of liquor from two

                   different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated based on the secret information which is
Patna High Court CR. MISC. No.14459 of 2026(2) dt.13-03-2026
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          the easiest way to implicate someone. It is next submitted that

          once an accused is implicated in a case relating to excise the

          police start implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       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, let the petitioner, above-named, in the

          event of his arrest or surrender 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 Bairiya P.S. Case No. 184 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than four cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.14459 of 2026(2) dt.13-03-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only four cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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