Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, on the basis that the prosecution evidence was insufficient to justify denial of bail.
Summary
The petitioner, Kaushal Kumar, was implicated in Excise Case No. 227 of 2026 under Section 30(a) of the Excise Act, 2022 for alleged possession of 71 litres of illicit wine seized near a forest boundary. The prosecution’s case relied solely on a secret informant’s tip that named the petitioner, despite no direct evidence of his presence at the scene. The petitioner’s counsel argued that he was absent, has a clean criminal record, and was falsely implicated. The State opposed the grant of anticipatory bail. After reviewing the material, the court noted the lack of substantive linkage and the petitioner’s clean antecedent, and consequently ordered anticipatory bail with a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S. The order also directed verification of the petitioner’s antecedents and provision for cancellation of bail if concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the material on record sufficiently links the petitioner to the alleged offence
Legislation cited
- B.N.S.S. — s. 482(2)
- Excise Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- excise law
- illicit liquor possession
- Section 30(a)
- Section 482(2)
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34187 of 2026
Arising Out of PS. Case No.-227 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Kaushal Kumar S/o - Munna Yadav R/o vill - Chitarkoli, P.S.- Rajauli, Distt.-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Prasad Singh
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in Excise Case
No. 227 of 2026 registered under Section 30(a) of the Excise
Act, 2022.
3. As per the prosecution story which has been lodged on
the basis of written report submitted by the informant to the
effect that on the date of occurrence i.e. 28.2.2026, the
informant got secret information about storage of wine near
boundary of forest department of Village Chitarkoli. The
informant by informing the senior officials proceeded to the
place of occurrence with police party and started search and
upon search, he recovered wine kept in carton at plastic bag and
total 71 litres of liquor was recovered from the place of
Patna High Court CR. MISC. No.34187 of 2026(2) dt.18-05-2026
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occurrence.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He was not present at the place of occurrence and except
secret information, nothing has come against the petitioner. The
petitioner was not even present at the place of occurrence. The
learned counsel for the petitioner further submits that the
petitioner has got clean antecedent.
4. The Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Having heard the rival submissions and after going
through the records, it appears that the petitioner was not
present at the place of occurrence and the liquor has been seized
from a place which is accessible to all. The name of the
petitioner has come on the secret information, received by the
informant. The petitioner has got clean antecedent.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest/surrender
before the learned court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.34187 of 2026(2) dt.18-05-2026
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Excise Court No. II, Nawada in connection with Excise Case
No. 227 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S., with further condition:
(I) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the Court concerned shall take steps for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Ritesh Kumar, J)
A.K.V.//-
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