Patna High Court
Rajan Kushwaha @ Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent cases.
Summary
Petitioner Rajan Kushwaha sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 60.480 litres of liquor were recovered from a location unrelated to him and that he was implicated by a hostile chowkidar. He has three prior criminal cases, and the petitioner argued that no liquor was found in his possession and questioned the prosecution’s basis. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify his antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three, it will be confirmed. The order is subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the petitioner’s criminal antecedents and the circumstances of alleged liquor recovery.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28803 of 2026
Arising Out of PS. Case No.-339 Year-2023 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Rajan Kushwaha @ Rajan Kumar S/o- Arjun Kushwaha Resident Of Village-
Jamobazar, Ps- Jamobazar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 60.480 litres of liquor from a cartoon concealed near
field of Ramagya Singh. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and even alleged recovery is from a
place which does not belong to the petitioner and he has no
concern or relation with Ramagya Singh and he came to be
Patna High Court CR. MISC. No.28803 of 2026(2) dt.29-04-2026
2/3
implicated at the instance of chowkidar with whom he is on an
inimical term. It is also submitted that if chowkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution. It is
next submitted that of late police has started implicating accused
having criminal antecedent in cases relating to excise for
obvious reason.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with G.B. Nagar P.S. Case No.339/2023, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.28803 of 2026(2) dt.29-04-2026
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event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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