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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender before the court below within eight weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Exclusive Special Judge, Excise Court No. II, Siwan, in connection with Siwan Excise P.S. Case No. 170 of 2025, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Excise P.S. Case No. 170 of 2025 (Siwan) registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail. +1 more

Court's answer

Anticipatory bail allowed: considering the petitioner's clean antecedent and that no incriminating article was recovered from his possession, the petitioner, in the event of arrest or surrender before the court below within eight weeks, is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, Excise Court No. II, Siwan, in connection with Siwan Excise P.S. Case No. 170 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Cr. Misc. No. 40217 of 2025 (decided 26-06-2025, Prabhat Kumar Singh, J) — Petitioner, registered owner of a motorcycle from whose seizure 1.150 litres of illicit liquor was recovered, apprehended arrest under Section 30(a) of the Bihar Prohibition and Excise Act (Excise P.S. Case No. 170 of 2025, Siwan); counsel submitted that, per the seizure list, 400 ml and 750 ml were recovered from co-accused Satyendra Ram and Dinesh Singh respectively and nothing from the petitioner, who claimed clean antecedents. Court allowed anticipatory bail on clean antecedent and absence of any recovery from the petitioner's possession: enlargement on bail-bond of Rs. 10,000/- with two like sureties before the Exclusive Special Judge, Excise Court No. II, Siwan, upon arrest/surrender within eight weeks, subject to Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40217 of 2025

Arising Out of PS. Case No.-170 Year-2025 Thana- Excise P.S. District- Siwan

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

Tarkeshwar Kumar Kushwaha S/o Ramchandra Singh Kushwaha R/o VillageMairwa Tola Mahuabari, P.S.- Mairwa, Dist.- Siwan

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 26-06-2025

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for

the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, 1.150 litres illicit liquor was recovered from the seized motorcycle of which this petitioner is registered owner.

Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner has been made accused merely because he is owner of the motorcycle in question. He further submits that from perusal of the seizure list, it is apparent that 400 ml of the total alleged liquor was recovered from the possession of co-accused Satyendra Ram and rest 750

Patna High Court CR. MISC. No.40217 of 2025(2) dt.26-06-2025 2/2

ml was recovered from the towel of co-accused Dinesh Singh. Nothing has been recovered from the motorcycle of this petitioner and as such, he cannot be held liable for the alleged recovery. Petitioner claims clean antecedent.

Considering clean antecedent and the fact that no incriminating article has been recovered from possession of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise Court No. II, Siwan in connection with Siwan Excise P. S. Case No. 170 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/-

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