Allowed¶21

Indrajeet Kushwaha @ Indrajeet Kumar v. The State of Bihar

Patna HC11 Jul 2025CR. MISC./25834/2025

Case brief

AI extract

What is this about?

anticipatory bail; Bihar Prohibition and Excise Act; Section 76(2) bar; u/s 30(a); illicit country-made liquor; 100 litres recovery; confessional statement of co-accused Sudhir Kumar Mahto; no criminal antecedent; Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089; Full Bench Patna High Court; section 482(2) of the B.N.S.S.; Jagdishpur P.S. Case No. 391 of 2024; Bhojpur; CRIMINAL MISCELLANEOUS No.25834 of 2025; Chandra Prakash Singh; 11-07-2025; bail-bond Rs. 20,000 with two sureties.

What did the court decide?

Enlargement on anticipatory bail in the event of arrest or surrender within a period of six weeks, on furnishing bail-bond of Rs. 20,000/(Rupees twenty thousand) with two sureties of the like amount each, subject to conditions as laid down under section 482(2) of the B.N.S.S. ¶21

Indrajeet Kushwaha @ Indrajeet Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner apprehending arrest in Jagdishpur P.S. Case No. 391 of 2024 (offences punishable u/s 30(a), Bihar Prohibition and Excise Act) can be granted anticipatory bail notwithstanding the State's submission that the bar under Section 76(2) of the Act applies. +1 more

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Court's answer

Despite the A.P.P.'s submission that the bar of Section 76(2) of the Act applies, the Court considered the facts and circumstances of the case and the material available on record and proceeded to enlarge the petitioner on anticipatory bail in the event of his arrest or surrender.

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Ratio / Principle

Petitioner to be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhojpur, in connection with Jagdishpur P.S. Case No. 391 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.

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Key takeaways

The anticipatory bail application stands allowed.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail allowed — Bihar Prohibition and Excise Act case (Patna High Court, CRIMINAL MISCELLANEOUS No.25834 of 2025, oral order dt. 11-07-2025, Chandra Prakash Singh, J.). Apprehending arrest in Jagdishpur P.S. Case No. 391 of 2024 dated 15.11.2024, District Bhojpur, registered for offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, petitioner Indrajeet Kushwaha @ Indrajeet Kumar sought anticipatory bail. Prosecution case: 100 litres of illicit country-made liquor recovered from co-accused persons, one of whom was apprehended; the petitioner's name surfaced in the confessional statement of co-accused Sudhir Kumar Mahto; no incriminating material was recovered from his conscious possession and no criminal antecedent was stated. Learned counsel relied on the Full Bench decision of the Hon'ble Patna High Court in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, to the effect that an anticipatory bail application in a case arising out of the Act can be maintained despite the bar under Section 76(2) where, on the FIR allegations, no offence under the provision is made out; the A.P.P. contended that the Section 76(2) bar applied. Considering the facts, circumstances and material on record, the Court allowed the application: petitioner to be enlarged on anticipatory bail on arrest or surrender within six weeks on bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhojpur, subject to conditions as laid down under section 482(2) of the B.N.S.S.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25834 of 2025

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Arising Out of PS. Case No.-391 Year-2024 Thana- JAGDISHPUR District- Bhojpur

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======================================================

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Indrajeet Kushwaha @ Indrajeet Kumar Son of Sunil Singh Resident of village - Udian Tola, Post Office - Kamariaon, Police Station - Tiyar, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gopal Govind Mishra, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 11-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2. The petitioner is apprehending his arrest in a case in connection with Jagdishpur P.S. Case No. 391 of 2024 dated 15.11.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 100 litres of illicit country-made liquor was recovered from the co-accused person who started fleeing away from there but one of them was apprehended and others succeeded in fleeing away.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case

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Patna High Court CR. MISC. No.25834 of 2025(2) dt.11-07-2025 2/3

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in the confessional statement of the co-accused, Sudhir Kumar Mahto. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 . The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

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6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender

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Patna High Court CR. MISC. No.25834 of 2025(2) dt.11-07-2025 3/3

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within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhojpur in connection with Jagdishpur P.S. Case No. 391 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Indrajeet Kushwaha @ Indrajeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Indrajeet Kushwaha @ Indrajeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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