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Patna High Court

Suchit Kushwaha @ Sujit KushwahaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with conditions.

Summary

The petitioner sought regular bail in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, where 41 litres of illicit liquor were seized from a motorcycle and the petitioner was named by a local chukidar. The petitioner contended that he was not the owner of the bike, nothing was recovered from his possession, and that the police failed to comply with Section 105 of the B.N.S.S. while making the seizure. The State opposed bail, citing six prior similar offences against the petitioner. After hearing both sides, the court considered the lack of direct possession, procedural lapses, and the petitioner’s right to liberty, and decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, attendance at every trial date, and a prohibition on future similar offences.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged involvement in illicit liquor seizure.
  • Whether procedural non‑compliance (Section 105 of the B.N.S.S.) affects bail eligibility.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 105 procedural compliance
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21461 of 2026
                      Arising Out of PS. Case No.-600 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Suchit Kushwaha @ Sujit Kushwaha, Son of Jitendra Kushwaha @ Jitendr
                 Bhagat, R/o Village - Rainpur(Ranipur), Ward no. 02, P.S. - Kateya, Dist. -
                 Gopalganj.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pritish Ranjan, Advocate
                 For the Opposite Party/s :       Ms.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 30(a) and

                   41(1) of the Bihar Prohibition and Excise (Amendment) Act.

                                3. The case of the prosecution, in short is that altogether

                   41 liters of illicit liquor was recovered from a bike. It is alleged

                   that the biker managed to flee away. Local chukidar has named

                   this petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has been

                   falsely implicated in this case. Nothing has been recovered from

                   his possession. He is not the owner of the bike. It has further been

                   submitted that the witnesses of the seizure list are police

                   personnel. Police has not complied Section 105 of the B.N.S.S.
             Patna High Court CR. MISC. No.21461 of 2026(2) dt.06-04-2026
                                                         2/2




                       while making the seizure. Petitioner is languishing in judicial

                       custody since 21.01.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the prayer of regular bail and has submitted that petitioner

                       is having criminal antecedent of six cases of similar nature.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Kateya P.S. Case No. 600 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned District and Additional Sessions

                       Judge-XIII-cum-Special Judge, Excise-I, Gopalganj with the

                       following condition:-

                                    (i) Petitioner shall cooperate in the trial and shall

                       remain physically present on each and every date in the

                       learned trail Court.

                                    (ii) He shall not indulge himself in similar nature of

                       the offences in future.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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