Patna High Court
Awadhesh Rai @ Awadhesh Kumar @ Abdhesh Kumar @ Abdhesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted as the confessional statements lacked evidentiary value and the petitioner was not in possession of the seized liquor or vehicle.
Summary
Awadhesh Rai applied for bail in a criminal case under Sections 30(a), 32(ii) and 41(i) of the Excise Act, alleging recovery of 320.580 litres of liquor from a Scorpio vehicle. The petitioner, already in custody since 20 May 2026 and having three prior excise cases, argued that he was not arrested at the spot, did not possess the seized vehicle, and was implicated solely on confessional statements of co‑accused Munna and Vikash made in police custody, which he claimed lack evidentiary value. The State opposed the bail. The Court, after considering these submissions, held that the confessional statements were inadmissible and that the petitioner’s lack of possession and ownership justified release on bail. Accordingly, the petitioner was ordered to be released on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioner despite prior excise cases and the alleged recovery of liquor.
- Whether confessional statements made by co‑accused in police custody have evidentiary value for denying bail.
- Whether the petitioner’s lack of possession and ownership of the seized vehicle precludes bail.
Legislation cited
- Excise Act — s. 30(a), 32(ii), 41(i)
Subjects
- bail
- excise law
- illegal liquor
- confessional statements
- police custody
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46189 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Awadhesh Rai @ Awadhesh Kumar @ Abdhesh Kumar @ Abdhesh Rai Son
of Raj Kishore Ray @ Rajkishor yadav Resident of village - Olipur
sarhachiya, Ps- Mahindwara, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sagar Kumar
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32(ii) and 41(i) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and is in custody since 20.05.2026 and allegation is of recovery
of 320.580 litres of liquor from a Scorpio vehicle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
Patna High Court CR. MISC. No.46189 of 2026(2) dt.10-07-2026
2/2
confessional statement of Munna and Vikash in police custody
which does not have any evidentiary value.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five 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 Rampurhari P. S. Case No.165 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.