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Patna High Court

Awadh Rai @ Awadh Bihari RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to bond conditions and verification of the petitioner’s antecedent.

Summary

Awadh Rai sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 9.540 litres of liquor from a bush near his house and 49 litres from a government field. The petitioner argued that he was not arrested at the scene, no liquor was found in his possession, and the alleged recovery occurred on public land, casting doubt on the prosecution's case. He also questioned why the watchman, who allegedly knew of his involvement, did not inform the police earlier. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stating that if more than two prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of liquor in the petitioner’s possession and the public nature of the alleged recovery negate the grounds for arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal antecedent
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28886 of 2026
                  Arising Out of PS. Case No.-102 Year-2026 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Awadh Rai @ Awadh Bihari Rai S/o- Late Shiv Narayan Rai Resident of
                 Village- Gonauli ward No- 12 PS-Mufassail Bettiah, Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bibhuti Narayan
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 9.540 litres of liquor from a bush near the house of

                   the petitioner and 49 litres of liquor from a government field.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.28886 of 2026(2) dt.30-04-2026
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          at the instance of Chowkidar with whom he is on an inimical

          term. It is next submitted that if Chowkidar was aware about

          the involvement of the petitioner in the occurrence, then why he

          did not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned trial court where the case is

          pending/successor court in connection with Muffasil Bettiah P.S.

          Case No. 102 of 2026 subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than two

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.28886 of 2026(2) dt.30-04-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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