Patna High Court
AshirwadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to bond, sureties, verification of antecedent and a deposit with the Advocate Association.
Summary
Ashirwad Ojha, a restaurant owner, was implicated in a case under Sections 30(a), 30(e) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 15 ml of liquor and three empty bottles recovered from his premises. He contended that he had a clean antecedent, that the liquor was likely introduced by an unknown customer, and that the prosecution’s case relied on a confessional statement of an accused in police custody, which he argued lacked evidentiary value. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a cash bond of Rs.500, two sureties of equal amount, and a further deposit of Rs.1,500 with the Patna High Court Advocate Association. The order also conditioned the bail on verification of the petitioner’s criminal antecedent, with the bail to be confirmed if he is found to have no prior cases, and to be cancelled if any antecedent is discovered. The decision was delivered under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case arising under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement of an accused in police custody can form the basis for denying anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- provisional bail
- liquor offence
- clean antecedent
- confessional statement
- CrPC Section 438
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6054 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- PATLIPUTRA District- Patna
======================================================
Ashirwad Son of Binod Kumar Ojha Resident of Near Thakur Pd. Samudaik
Bhawan, House No. 12, Kidwaipuri, P.O.- G.P.O., P.S.- Buddha Colony,
Distt.- Patna (Bihar) 800001, Aadhar No. 561920182167
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
Mr. Roushan Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Sections 30(a),
30(e) and 37 of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 ml. of liquor along with three empty bottles from
a restaurant.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that no prudent person would use his own restaurant for
Patna High Court CR. MISC. No.6054 of 2026(2) dt.03-02-2026
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committing an occurrence and thus would create evidence
against himself and hence would get implicated and at the same
time shall bring disrepute to his business. It is next submitted
that customers keep coming to the restaurant and it appears that
someone slyly without the knowledge of the petitioner had
brought the liquor for drinking and left the empty bottles. It is
also submitted that petitioner came to be implicated based on
the confessional statement of apprehended accused in police
custody which does not have any evidentiary value in the eye of
law. It is further submitted that the brother of the petitioner was
arrested being co-owner of the restaurant and he was made to
confess the name of the petitioner, when petitioner admittedly is
a person with clean antecedent.
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, let 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.500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.6054 of 2026(2) dt.03-02-2026
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the case is pending/successor court in connection with Patliputra
P.S. Case No. 01 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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