Patna High Court
Udayi RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, three residents of Gopalganj district, applied for anticipatory bail fearing arrest in a case (Kateya P.S. Case No.710 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for alleged possession of 162 litres of country‑made liquor. The prosecution’s case rested on a seizure of the liquor and a confessional statement of a co‑accused, but the petitioners argued they were not apprehended on the spot, no liquor was recovered from them, and the search‑seizure memo lacked signatures of two independent witnesses, rendering it questionable. The State opposed the bail. The court noted that a co‑accused’s confession has no evidentiary value and the procedural defects in the seizure memo cast doubt on the legality of the evidence. Consequently, the court inclined to grant anticipatory bail, directing the petitioners to furnish bail bonds and sureties within six weeks, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged illegal liquor possession.
- Whether the confessional statement of a co‑accused and the defective search‑seizure memo affect the evidentiary basis for arrest.
- Whether the absence of apprehension and lack of recovery from the petitioners justify the grant of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- section 30
- confessional statement
- search and seizure
- procedural defect
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16946 of 2026
Arising Out of PS. Case No.-710 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
1. Udayi Ram Son of Babulal Ram Resident of village- Kuisa khurd @ Kuisa,
ps- Kateya, Dist- Gopalganj
2. Sanjay Chauhan Son of Jawahir Chauhan Resident of village- Kuisa khurd
@ Kuisa, ps- Kateya, Dist- Gopalganj
3. Bhagawati Chauhan son of Ramchandra Chauhan Resident of village-
Ahiruali, ps- Kateya, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tej Pratap, Adv.
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Kateya P.S. Case No.710 of 2025 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act.
3. As per prosecution case, there is recovery of 162
liters of countrymade liquor from a sack.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence and they
have falsely been implicated in this case. Learned counsel for
the petitioners further submits that the petitioners were not
Patna High Court CR. MISC. No.16946 of 2026(2) dt.25-03-2026
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apprehended on the spot and no recovery was made from the
conscious physical possession of the petitioners. Learned
counsel for the petitioners next submit that name of the
petitioners come in this case on the basis of a confessional
statement made by co-accused and the search and seizure memo
has not been signed by two independent witnesses.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the petitioners were not
apprehended on the spot and no recovery was made from the
conscious physical possession of the petitioners and further
taking into account that he seems to have been implicated on the
basis of a confessional statement made by co-accused, which
carries no evidentiary value, and also given the fact that the
search and seizure memo has not been signed by two
independent witnesses, which puts a question mark on the
legality and validity of the seizure itself, this court is inclined to
grant privilege of anticipatory bail to the petitioners.
7. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of
Patna High Court CR. MISC. No.16946 of 2026(2) dt.25-03-2026
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Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned District &
Additional Sessions Judge, XIII-cum-Special Excise Judge-I,
Gopalganj in connection with Kateya P.S. Case No.710 of 2025,
subject to the conditions laid down under Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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