Patna High Court
Awdesh Sah @ Avdhesh SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Awdesh Sah applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 141.6 litres of liquor were allegedly recovered from two motorcycles, one of which he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused his vehicle. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. It clarified that if any antecedent is found, the bail would be cancelled; otherwise, the provisional order would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC for the alleged offence under Section 30(a) of the Excise Act.
- Whether ownership of the seized vehicle implicates the petitioner in the offence.
- What conditions must be imposed on the provisional anticipatory bail, including verification of antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57331 of 2025
Arising Out of PS. Case No.-138 Year-2025 Thana- BARGAINIA District- Sitamarhi
======================================================
Awdesh Sah @ Avdhesh Sah S/O Late Mahendra Sah Resident of Village-
Masaha Alam, P.S.- Bairgania, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 141.6 litres of liquor from two motorcycles.
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 he came to be
implicated based on the fact that petitioner is owner of one of
the seized motorcycle. It is next no prudent person would use
his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.57331 of 2025(3) dt.06-01-2026
2/3
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Bairgania P. S. Case No.138 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.57331 of 2025(3) dt.06-01-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…