Patna High Court
Awadhesh Rai @ Awadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court held that bail could not be granted and dismissed the petitioner's anticipatory bail application.
Summary
The petitioner, Awadhesh Rai, was implicated in a case (PS No. 555 of 2025) for the alleged possession of 50.820 litres of foreign liquor recovered from behind his thatched house, alleged to violate Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was not in his conscious possession, that the recovery was made from a concealed spot, and that his name was linked to the case only through a co‑accused’s confessional statement, which he argued lacks evidentiary value. The State opposed bail, highlighting the petitioner’s clean antecedents but noting his ownership of the motorcycle from which the liquor was allegedly recovered. The Court examined whether the circumstances justified granting anticipatory bail under the Excise Act. Concluding that the prosecution’s material and the petitioner’s alleged connection to the vehicle warranted denial of bail, the Court rejected the bail application. It further directed the trial court to consider a surrender‑cum‑bail application within six weeks if the petitioner surrenders.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a co‑accused’s confessional statement can be the sole basis for implicating the petitioner.
- Whether ownership of the vehicle used in the alleged seizure is sufficient ground to deny bail.
Subjects
- anticipatory bail
- bail denial
- excise law
- section 30(a)
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15721 of 2026
Arising Out of PS. Case No.-555 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Awadhesh Rai @ Awadhesh Kumar S/O Kripanand Rai R/O Vill.- Turki
Khararu (Gachhi Tola) P.s.- Minapur, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Minapur P.S. Case No. 555 of 2025 registered on
30.12.2025 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, recovery of 50.820 litres of
foreign liquor from a thatched house allegedly belonging to the
petitioner is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that nothing has been recovered from the conscious
possession of the petitioner; rather, the alleged recovery has
been made from behind the house, where the liquor was found
Patna High Court CR. MISC. No.15721 of 2026(2) dt.25-03-2026
2/3
concealed under husk.
5. It is further submitted that the petitioner has no
concern either with the alleged seized liquor or with the alleged
place of recovery. The name of the petitioner has surfaced in the
present case only on the basis of the confessional statement of a
co-accused, which has no evidentiary value in the eyes of law.
Learned counsel further submits that the petitioner has been
falsely implicated at the behest of the police. Although the
petitioner has been made an accused in one other case of similar
nature, the same cannot be a ground to presume his guilt in the
present case.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedents of the
petitioner are clean and the petitioner being the registered owner
of the motorcycle from which the alleged recovery has been
made.
7. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with Minapur P.S. Case No. 555 of
2025, pending before the learned Exclusive Special Court
Excise-I, Muzaffarpur is hereby rejected.
8. However, if the petitioner surrenders before the
Patna High Court CR. MISC. No.15721 of 2026(2) dt.25-03-2026
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Trial Court within six weeks from today, the Trial Court is
directed to pass an order on his surrender-cum-bail application
on the same day, considering the ingredients of the Excise Act
against the petitioner, without being prejudiced by the fact that
the petitioner’s anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J)
Ashwini/-
U T
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