Patna High Court
Shashi Singh Kushwaha @ Shash Singh Kushwaha @ Shashi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was denied because the identification of the petitioner was deemed credible and his habitual involvement in similar offences warranted refusal of bail.
Summary
The petitioner, Shashi Singh Kushwaha, sought anticipatory bail after police alleged his involvement in a seizure of 180 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The prosecution’s case was based on confidential information and the identification of the petitioner by local villagers, who claimed he and co‑accused unloaded the liquor in an orchard. The petitioner argued that the villagers’ identification was unreliable, no incriminating material was found on him, and he was merely on bail in six other similar cases. The State contended that the petitioner is a habitual offender in offences under the same provision. The court, considering the alleged facts, the credibility of the identification, and the petitioner’s criminal antecedent, declined to grant anticipatory bail, rejecting the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the Criminal Procedure Code in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the identification of the petitioner by local villagers is sufficient to justify denial of anticipatory bail.
- Whether the petitioner’s prior criminal record and pending cases constitute a ground for refusing anticipatory bail.
Subjects
- anticipatory bail
- illicit liquor
- habitual offender
- identification of accused
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21554 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- HATHUA District- Gopalganj
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Shashi Singh Kushwaha @ Shash Singh Kushwaha @ Shashi Kumar S/o- Jai
Ram Singh Kushwaha @ Jay Ram Singh Kushwaha @ Jai Ram Singh
Resident of Village - Koiri Tola, P.S. - Nautan, District - Siwn
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner is apprehending
his arrest in connection with Hathua P.S. Case No. 374 of 2025,
dated 22.12.2025, registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per prosecution case, police received
confidential information about petitioner and other co-accused
persons bringing a consignment of illicit liquor and unloading the
same in an orchard. A raid was conducted and recovery of 180
litres of country made liquor was made from that place. The
miscreants fled away and they were identified by the witnesses as
the villagers.
4. Learned counsel for the petitioner at the outset
submits that the petitioner and other co-accused persons belong to
Patna High Court CR. MISC. No.21554 of 2026(2) dt.10-04-2026
2/2
village Pachlakhi of Police Station Nautan of District Siwan and
their identification by the local villagers of Hathua Police Station
is not believable. Nothing incriminating has been recovered from
person or possession of the petitioner and he has been made
accused merely on the basis of statement of villagers and identity
of the petitioner is doubtful for his presence at the place of
occurrence. Learned counsel further submits that petitioner is
having antecedent of six cases and five cases are registered under
Section 30(a) of the Bihar Prohibition and Excise Act and
petitioner is on bail in all the six cases.
5. Learned APP opposes the submissions made on
behalf of the petitioner and submits that petitioner appears to be
habitual offender in similar nature of cases.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
criminal antecedent of the petitioner, I am not inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Accordingly, the anticipatory bail application of
the petitioner stands rejected.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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