Patna High Court
Raju KushawahaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond conditions and verification of his antecedents.
Summary
The petitioner, Raju Kushawaha, sought anticipatory bail after a police raid recovered 882 litres of liquor from a Bolero vehicle he owned, alleging he was not in possession and was unaware of the driver’s misuse. He argued that he has a clean criminal record and that ownership of the vehicle alone should not implicate him. The State opposed the bail, contending the seizure indicated involvement in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The Court considered the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic Substances (or related) Act in granting provisional anticipatory bail. It ordered the petitioner to furnish a bail bond of Rs.500 with two sureties, subject to verification of his antecedents by the trial court, after which the bail may be confirmed or revoked. The order reflects the balance between the petitioner’s claim of innocence and the State’s interest in ensuring accountability for the alleged offence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the seizure of liquor from his vehicle.
- Whether ownership of the vehicle, without proof of conscious possession, suffices to justify denial of bail.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming the provisional bail.
Legislation cited
- Bihar Narcotic Substances (or related) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- vehicle seizure
- clean antecedent
- bail bond conditions
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39310 of 2026
Arising Out of PS. Case No.-30 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Supaul
======================================================
Raju Kushawaha S/o Chandrabhan Singh R/o Village- Bhuttabari, P.S-
Bagdogra, Dist- Darjeeling, (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. K Jha, Advocate
Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 882 litres of liquor from a Bolero vehilce.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is further submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.39310 of 2026(2) dt.22-06-2026
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occurrence and, thus, would create evidence against himself
and, hence, would get implicated. It is also submitted that
petitioner was completely unaware that his driver would misuse
the vehicle in the manner as alleged who also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.500/- (Rupees
Five Hundred) 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 Supaul
Miscellaneous Case No. 701 of 2020 arising out of P.R. No. 30
of 2020, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.39310 of 2026(2) dt.22-06-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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