Patna High Court
Awdhesh Rai @ Abdhesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted in the present case subject to a cash bond and the conditions imposed.
Summary
Awdhesh Rai was arrested on 22 July 2025 for alleged possession of 547 kg of hemp, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The petitioner claimed the FIR was fabricated, citing non‑compliance of Section 103 of the BNSS and asserted his innocence. The State opposed bail, highlighting the large quantity of hemp and a prior criminal antecedent, though the petitioner was on bail in another matter. The court examined the facts and, despite the seriousness of the offence, decided to grant bail on the condition of a Rs.10,000 cash bond with two sureties and several compliance conditions. The order also directed the lower court to verify the petitioner’s criminal antecedent and to cancel bail if any concealment or tampering with evidence occurs.
Issues considered
- Whether bail should be granted to a person accused of possession of 547 kg of hemp under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether the alleged non‑compliance of Section 103 of the BNSS and the petitioner’s prior criminal antecedent preclude bail.
Legislation cited
- BNSS — s. 103
Subjects
- bail
- prohibition law
- hemp possession
- excise
- false FIR
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77373 of 2025
Arising Out of PS. Case No.-349 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Awdhesh Rai @ Abdhesh Rai S/O Late Rameshwar Rai R/O Mahmadpur
Ranisarai, P.S.- Bakhtiyarpur ,Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Rakesh Bihari Singh, learned counsel for
the petitioner and Mr. Kumar Ranjit Ranjan, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
22.07.2025 in connection with Bakhtiyarpur P.S. Case No. 349
of 2025, F.I.R. dated 21.07.2025 for the offences punishable
under Sections 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2016.
3. According to prosecution case, total 547 Kg. of
hemp was recovered from seventeen sacks from the possession
of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the F.I.R. is false and
Patna High Court CR. MISC. No.77373 of 2025(3) dt.21-01-2026
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fabricated. Although the recovery was made from the house of
the petitioner and there is non-compliance of section 103 of
BNSS. The Police after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
22.07.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and fairly submits that
altogether 547 kg. of hemp was recovered from the house of the
petitioner and petitioner carries one more criminal antecedent
other than the present one but fairly submits that he is on bail in
the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise, Barh, Patna in connection with
Bakhtiyarpur P.S. Case No. 349 of 2025, with the following
conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his/her bail bond shall be cancelled by the Court below.
ii. 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.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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