Patna High Court
Avadh Rai @ Avadh Kumar Rai @ Awadh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted because the seizure was not linked to the petitioner's possession.
Summary
The petitioner, Avadh Rai, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended), with 354 litres of liquor seized from a pick‑up van. The petitioner contended that the seized liquor was not in his conscious possession and that his name appeared only based on villagers' statements, with no independent witnesses supporting the seizure list. He applied for anticipatory bail, while the Additional Public Prosecutor opposed the relief. The court observed that the recovery of liquor prima facie did not arise from the petitioner's possession and therefore granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, to be filed within four weeks. The bail was ordered under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the seized illicit liquor is not shown to be in the petitioner's possession.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 (Amended) — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- seizure
- possession
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44751 of 2026
Arising Out of PS. Case No.-27 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
Avadh Rai @ Avadh Kumar Rai @ Awadh Kumar Yadav, S/o Yogendra Ray,
Resident of Village - Mahmadpur Baya, P.S. - Saraiya, District - Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. II, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Karja P.S. Case
No.27 of 2025 registered under Section 30(a) of the Bihar
Prohibition and Excise Act, 2022(Amended).
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 354 litres and 420 ml of IMFL/country-made
liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.44751 of 2026(2) dt.07-07-2026
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a pick-up van bearing Registration No. BR33M-5927. It is
further submitted that nothing has been recovered from the
conscious possession of the petitioner. It is further submitted
that the name of the petitioner surfaced solely on the
disclosure made by the local villagers. It is also pointed out
that seizure list appears doubtful being not supported by
independent witnesses rather than by police personnel. The
petitioner has one criminal antecedent, in which, he is on
bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise-II,
Patna High Court CR. MISC. No.44751 of 2026(2) dt.07-07-2026
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Muzaffarpur in connection with Karja P.S. Case No.27 of
2025, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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