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Patna High Court

Bachcha Prasad KushwahaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedents, with confirmation contingent on the antecedent count not exceeding two.

Summary

The petitioner, Bachcha Prasad Kushwaha, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(c) of the Bihar Excise Act concerning the alleged recovery of 2,498.34 litres of liquor from a truck and a motorcycle. He argued that he was not present at the spot of seizure, did not possess the seized vehicles, and that his Aadhar card was found at a nearby house, not at the scene, indicating a lack of direct involvement. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; otherwise, the provisional order would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
  • Whether the presence of the petitioner’s Aadhar card near the scene establishes sufficient grounds for arrest.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Aadhar card
  • criminal antecedent
  • provisional bail
  • Section 30
  • Section 32
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83057 of 2025
                  Arising Out of PS. Case No.-39 Year-2025 Thana- EXCISE MAHAMMADPUR District-
                                                        Gopalganj
                 ======================================================
                 Bachcha Prasad Kushwaha S/o Ramashish Prasad Kushwaha Resident of
                 Village- Barahima, P.S.- Sidhwaliya, District- Gopalganj, Bihar

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Mayank Mohan
                 For the Opposite Party/s :    Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026               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 offences punishable under Sections 30(a) and

                   32(c) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 2498.34 litres of liquor from a truck and a

                   motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicles and he came to be implicated based
Patna High Court CR. MISC. No.83057 of 2025(3) dt.19-01-2026
                                            2/3




          on the fact that his Aadhar card was found at the place of

          occurrence but then it is submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating       mechanically          without      holding   a   proper

          investigation. It is next submitted that Aadhar card was not

          found from the place of occurrence, but from a house situated

          near the place of occurrence.

                   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 for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten 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

          Mahammadpur P.S. Case No. 39 of 2025, subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more
              Patna High Court CR. MISC. No.83057 of 2025(3) dt.19-01-2026
                                                          3/3




                        than two cases then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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