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Patna High Court

Shashi Singh Kushwaha @ Shash Singh Kushwaha @ Shashi KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                 ======================================================
                 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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