Patna High Court
Bachcha Prasad KushwahaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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