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Patna High Court

Awadhesh ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to pre‑arrest bail as the prosecution’s case is prima facie weak, being based solely on a co‑accused’s confession without independent corroboration.

Summary

The petitioners, Awadhesh Chauhan and Guddu Sah, sought pre‑arrest bail fearing arrest in a case (Kateya PS Case No. 710 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 162 litres of illicit liquor. The FIR alleged recovery of the liquor from five sacks, but no material was found in the petitioners’ conscious possession and no independent witness supported the prosecution. The only basis for their implication was a confession made by a co‑accused, which the petitioners argued lacks evidentiary value. The State opposed the bail, but the Court held that the lack of direct evidence and independent witnesses created a prima facie case for bail. Consequently, the Court ordered that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS, and directed the District Court to verify any criminal antecedents.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail when the only evidence against them is a co‑accused’s confession and no material was recovered from their possession.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • confession of co‑accused
  • Section 438 Cr.P.C.
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19004 of 2026
                      Arising Out of PS. Case No.-710 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
           1.     Awadhesh Chauhan S/o- Jawahir Chauhan R/v- Kuisa Khurd @ Kuisa Ps-
                  Kateya Dist- Gopalganj
           2.    Guddu Sah S/o- Harikesh Sah R/v- Kuisa Khurd @ Kuisa Ps- Kateya Dist-
                 Gopalganj

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tej Pratap, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                    Heard Mr. Tej Pratap, learned counsel appearing on

                   behalf of the petitioners and Mr. Rajendra Prasad Nat, learned

                   APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in connection

                   with Kateya P.S. Case No. 710 of 2025 registered under

                   Sections 30(a) of the Bihar Prohibition and Excise Act, as

                   amended upto date.

                                3. As per the allegation made in the FIR, 162 litres of

                   illicit liquor was recovered from five sacks.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioners are innocent and have

                   been falsely implicated in the case. They have no concern either
Patna High Court CR. MISC. No.19004 of 2026(2) dt.08-04-2026
                                            2/3




          with the seized liquor or trade of liquor in any manner. No

          independent witness supported the prosecution case and nothing

          has been recovered from the conscious possession of the

          petitioners. The implication of the petitioners is solely based on

          the confession of a co-accused before the police, which has no

          evidentiary value in the eye of law. On these grounds,

          petitioners seeks to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, upon perusal of the materials available

          on record, this Court finds that the implication of the petitioners

          is primarily based on the alleged disclosure statement of a co-

          accused and no recovery has been made from the conscious

          possession of the petitioners. There is no independent witness to

          support the prosecution case. I am of the opinion that the

          petitioners have, prima facie, made out a case to be released on

          pre-arrest bail

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-
           Patna High Court CR. MISC. No.19004 of 2026(2) dt.08-04-2026
                                                       3/3




                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of learned District Court where

                     the case is pending/successor court in connection with Kateya

                     P.S. Case No. 710 of 2025, subject to the condition as laid down

                     under Section 438(2) of the Cr.P.C./ 482 of the BNSS.

                                  8. The District Court is directed to verify the

                     criminal antecedent of the petitioners and if it is found that

                     the petitioners are involved in some other cases as what has

                     been stated in Para-3 of the bail petition, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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