Patna High Court
Govind KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Govind Kushwaha, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for alleged possession of 8.60 litres of country‑made liquor recovered from a motorcycle he was said to be driving. He contended that he was not the owner of the motorcycle, that there was no independent witness to the search and seizure, and that no liquor was found in his personal or conscious possession. The State opposed the bail, noting a prior similar case against the petitioner but also acknowledging that a coordinate bench of the same court had already granted anticipatory bail. The Court, after considering the facts, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within four weeks, subject to a bail bond of Rs 10,000 with two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case of alleged possession of illicit liquor under the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- illicit liquor possession
- Cr.P.C. Section 438
- BNSS Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25988 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- GOPALPUR District- Gopalganj
======================================================
Govind Kushwaha S/o Hira Bhagat @ Hiralal Kushwaha R/o Village -
Deurwa Sangawadih P.S - Gopalpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 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 offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. The allegation in the First Information Report is that
a total of 36 litres of country made liquor has been recovered from
three motorcycles and from the motorcycle which was alleged to
be driven by the petitioner there is recovery of 8.60 litres of
country made liquor kept in a bag.
4. Learned counsel for the petitioner submits that the
petitioner is not the owner of the motorcycle. It is further
submitted that there is no independent witness to the search and
seizure. There is no recovery from personal or conscious
possession of the petitioner.
5. Learned APP for the State opposed the prayer for
anticipatory bail and submits that the petitioner has one criminal
Patna High Court CR. MISC. No.25988 of 2026(2) dt.24-04-2026
2/2
antecedent of similar nature. However, in response it has been
submitted that the petitioner has been granted the privilege of
anticipatory bail by a Co-ordinate Bench of this Court in the said
case.
6.Taking into consideration the facts and circumstances
of the case, let the above named petitioner, be released on bail, in
the event of his arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Gopalpur P.S. Case No. 20 of 2026, subject to the condition as laid
down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to the
condition(s) that:
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and make
himself available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
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