Vijay Prasad Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58221 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- Nawalpur District- West Champaran ====================================================== Vijay Prasad Kushwaha Son of Jaynarayan Prasad Resident Of VillageSemari Bhawanipur PS -Nawalpur District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raki Alam, Advocate For the Opposite Party/s :
Md. Nazir Ansari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Nawalpur P.S. Case No. 120 of 2025 registered under Sections 30(a) and 37 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, on the basis of secret information that this petitioner along with another co-accused, namely, Karmudabin Ansari has kept illicit liquor in the motorcycle and passing through Semra Man, on the basis of same, informant along with other police personnel went at the spot and stopped the motorcycle, but both the accused persons tried to flee away but co-accused Karmudabin Ansari apprehended on the spot who disclosed the name of the
Patna High Court CR. MISC. No.58221 of 2025(2) dt.16-09-2025 2/3 petitioner. On search, 7.56 litres of illicit liquor was recovered from the dickey of the motorcycle bearing Reg. No. BR2-ZU8934.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner was not present at the spot. He has no concern with the seized illicit liquor or motorcycle. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has three criminal antecedents of similar nature and in all the cases, he is on bail. Petitioner undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail and submits that petitioner is a habitual offender having three criminal antecedents of similar nature. He further submits that in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.), prima facie case is made out against the petitioner, therefore, the anticipatory bail is not maintainable.
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties as well as the criminal antecedents of the petitioner, this Court is not
Patna High Court CR. MISC. No.58221 of 2025(2) dt.16-09-2025 3/3 inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is, hereby, rejected. (Sunil Dutta Mishra, J) utkarsh/- U T