Patna High Court
Santosh KushwahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender, a bail bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Santosh Kushwaha, applied for anticipatory bail fearing arrest in a case (PS No. 1104 of 2025) concerning the alleged seizure of 3,546 litres of foreign liquor under Sections 30(a), 41 and 32(2) of the Bihar Prohibition and Excise Act. The prosecution alleged his involvement, while the petitioner claimed innocence, stating that his name surfaced only through the confession of co‑accused Vikash Kumar and that no liquor was recovered from his possession. He further argued that the seizure list was not prepared in compliance with Section 105 of the BNSS and that there were no independent witnesses. The State opposed bail. After hearing both sides, the Court found merit in the petitioner's contentions and ordered that he be enlarged on anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement, based solely on co‑accused testimony, suffices for arrest
- Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list affects the bail decision
- Whether conditions under Section 482(2) of the BNSS justify granting bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(2), 41
- BNSS — s. 105, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure list
- co‑accused testimony
- Section 105 BNSS
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26804 of 2026
Arising Out of PS. Case No.-1104 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Santosh Kushwaha Son of Vishwanath Kushwaha Resident of Village- Ali
Neura, P.S.- Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Ahiyapur P.S. Case No. 1104 of 2025 instituted for the offence
under Sections 30(a), 41, 32(2) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution is that altogether 3546
liters of foreign liquor was recovered from a truck.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. He was not
apprehended on the spot rather his name has transpired on the
basis of disclosure made by apprehended co-accused person,
namely, Vikash Kumar. Nothing has been recovered from the
Patna High Court CR. MISC. No.26804 of 2026(2) dt.08-05-2026
2/2
possession of this petitioner. There is no independent witness of
the seizure list rather they are police personnel. Police has not
complied Section 105 of BNSS while preparing the seizure list.
He has no concern either with the alleged truck or with the alleged
recovery of liquor.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Ahiyapur P.S. Case No. 1104 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise-I,
Muzaffarpur subject to the conditions as laid down under section
482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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