Patna High Court
Raj Kumar Kushwaha @ MashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Petitioner Raj Kumar Kushwaha applied for anticipatory bail in a case where he is alleged to have been involved in the illegal possession of 724.26 litres of liquor, charged under several sections of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. The petitioner claimed he was not arrested on the spot, had no conscious possession, and was implicated solely on secret information, while the State opposed the bail. The court noted the petitioner’s antecedent of ten cases, six of which are under the Excise Act, and considered the seriousness of the offences. Applying Section 438(2) of the Cr.P.C., the court granted provisional anticipatory bail conditioned on a bail bond of Rs.50,000 with two sureties and a verification of his criminal antecedent. The order stipulated that if more than ten prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged liquor seizure and multiple serious offences under the Bihar Narcotic Substances Act and Excise Act.
- Whether the petitioner’s lack of arrest and alleged reliance on secret information justify granting bail.
- Whether the petitioner’s criminal antecedent of ten cases affects the grant of anticipatory bail under Section 438 Cr.P.C.
Legislation cited
- Bihar Narcotic Substances Act — s. 318(2), 318(4), 336(3), 340(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- liquor seizure
- criminal antecedent
- Bihar Narcotic Substances Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90144 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Raj Kumar Kushwaha @ Mash S/o Late Rama Shankar Singh R/o Village-
Jagdishpur, P.S- Buxar Muffasil, Dist- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyameshwar Kumar Singh
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 318(2),318(4),336(3),340(2),3(5) of the B.N.S. and
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of ten cases as would manifest
from supplementary affidavit out of which six cases are under
the Excise Act and allegation is of recovery of 724.26 litres of
liquor from an XUV-500 car.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is neither the
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owner nor the driver of the seized vehicle and he came to be
implicated based on secret information, which is the easiest way
to implicate someone. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.50,000/- (Rupees Fifty 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 Buxar Industrial P. S. Case No.241 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than ten cases, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of ten cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. The supplementary affidavit is taken on record.
(Satyavrat Verma, J)
vikash/-
U T
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