Bachcha Prasad Kushwaha v. The State Of Bihar
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 DistrictGopalganj ====================================================== 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 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