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Patna High Court

Awdhesh Rai @ Abdhesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.77373 of 2025(3) dt.21-01-2026
                                                        3/3




                      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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