Patna High Court
Suchit Kushwaha @ Sujit KushwahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S.S. — s. 105
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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