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Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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.//-

U      T


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