Patna High Court
Rajesh Kushwaha @ Rajesh BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail may be granted as the petitioner did not have personal possession of the seized items and the circumstances did not justify denial of bail, subject to bond and conditions.
Summary
The petitioner, Rajesh Kushwaha, was arrested in connection with the seizure of 64.08 litres of illicit foreign liquor and a motorcycle from an open area behind his shop, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he was not the owner of the motorcycle and had no personal possession of the liquor, arguing that the items were recovered from a publicly accessible place without an independent witness to the seizure. The State opposed bail, citing a prior similar criminal antecedent, although it also noted that the petitioner was already on bail in that earlier case. The court considered the lack of direct possession, the open nature of the recovery site, and the petitioner’s custody since 29‑04‑2026. It granted bail on the condition of a Rs.10,000 bond with two sureties, requiring a blood relative as one bailor and mandatory court attendance, with cancellation provisions for non‑appearance. The order reflects the court’s view that the circumstances did not justify continued detention.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 despite alleged involvement with illicit liquor and a motorcycle.
- Whether the prior criminal antecedent of a similar nature warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- prior criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36178 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Rajesh Kushwaha @ Rajesh Bhagat S/o Bhikhari Mahto @ Bikhari Mahto
Resident of Village- Gangoi, P.S.- Isuapur, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, 64.08 litres of illicit
foreign liquor and a motorcycle were recovered from the spot
which was behind the shop of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is not the owner of the seized motorcycle and no
recovery has been made from his personal or conscious
possession. The recovery has been made from an open place
which is easily accessible to others. There is no independent
witness to search and seizure. The petitioner is in custody since
29.04.2026.
Patna High Court CR. MISC. No.36178 of 2026(2) dt.09-06-2026
2/2
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has one criminal
antecedent of similar nature. However, in response it has been
submitted that the petitioner is on bail in the said case.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released 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 the learned 3 rd Exclusive Special
Excise Court, Saran at Chapra/concerned Court below in
connection with Isuapur P.S. Case No. 123 of 2026 subject to
condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
U T
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