Patna High Court
Awadhesh ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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(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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