Patna High Court
Awadh Rai @ Awadh Bihari RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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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