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Patna High Court

Awadhesh Rai @ Awadhesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                                                        3/3




                      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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