Patna High Court
Awdesh Ray @ Awadhesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that anticipatory bail may be granted subject to strict conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Awdesh Ray sought anticipatory bail after being implicated in a case alleging recovery of 75 litres of country-made liquor from the Bank of Ganga River, alleged under Sections 274 and 275(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The petitioner claimed innocence, arguing that the liquor was seized from an open river, that no possession was established, and that the accusation rested solely on a chowkidar’s disclosure, despite having four prior criminal cases. The State opposed the bail. The Court, applying Section 482(2) of the B.N.S.S., granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes bail bonds and sureties, cooperates with the trial, and complies with several conduct conditions, including regular reporting to the police. The order also stipulated cancellation of bail for non‑compliance, tampering with evidence, or involvement in similar offences. The bail was thus granted with stringent safeguards.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the circumstances of recovery of liquor from an open river and lack of possession justify the grant of bail.
- Whether the petitioner’s prior criminal cases affect the discretion to grant anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275(5), 482(2)
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32556 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Awdesh Ray @ Awadhesh Ray, S/o Beni Rai @ Beni Lal Rai, R/o Village-
Jafrabad paya no.3, P.S- Rustampur, Dist- vaishali, At present Residing
Village- Vishnu Mandir, Fatehjarangpur, P.S.- Nadi, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Raghopur P.S. Case No. 260 of 2025 dated 19.09.2025,
instituted for the offence punishable under Sections 274, 275,
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of
Bihar Prohibition & Excise Amendment Act, 2022.
3. The allegation is of recovery of 75 litres country
made liquor from the Bank of Ganga River.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that nothing has been recovered
either from the conscious possession or from the house of the
Patna High Court CR. MISC. No.32556 of 2026(2) dt.13-05-2026
2/3
petitioner. It is next submitted that the seized illicit liquor was
recovered from Bank of Ganga River which is an open place
and accessible to all. Learned counsel further submitted that
petitioner has been made accused in this case only on the basis
of disclosure made by the local Chowkidar. Lastly, it has been
submitted that petitioner has four criminal cases against him.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Raghopur P.S. Case
No. 260 of 2025, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge & Excise Court- II, Vaishali at Hajipur,
subject to condition as laid down under Section 482(2) of the
B.N.S.S as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.32556 of 2026(2) dt.13-05-2026
3/3
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made accused in
any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
5. The petitioner within two weeks of his release from
custody shall appear before the S.H.O. of his local area
alongwith a copy of this order and shall appear every fortnightly
to mark his attendance till the framing of charge in this case.
(Khatim Reza, J)
Sankalp/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.