Patna High Court
Awadhesh Kumar @ Awadhesh Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties and verification of antecedents.
Summary
Awadhesh Kumar Ray applied for anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016. He contended that he was not in possession of the alleged liquor, was not the owner of the truck from which 1,685.88 litres were recovered, and that the only link to him was a confessional statement made by Purushottam Kumar Singh while in police custody, which he argued lacked evidentiary value. The State opposed the bail, citing the seriousness of the offences and the petitioner’s three prior criminal cases, one of which was also under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail‑bond of Rs.15,000 and two sureties, invoking Section 482(2) of the Criminal Procedure Code. It directed that the trial court verify the petitioner’s antecedents and that the bail could be revoked if more than three prior cases are found. The order was pronounced as an allowance of the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the pending charges under the Bihar Prohibition and Excise Act, 2016.
- Whether the confessional statement recorded in police custody can be relied upon to justify arrest.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 38(i)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- excise law
- criminal antecedents
- provisional bail
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85643 of 2025
Arising Out of PS. Case No.-313 Year-2020 Thana- NAUGACHIA District- Bhagalpur
======================================================
Awadhesh Kumar @ Awadhesh Kumar Ray Son of Harekrishna Ray Resident
of Ward No. 17, Musepur, P.S.- Begusarai, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 38(i) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases out of which one case
is under the Excise Act and allegation is of recovery of 1685.88
litres of liquor from a truck. It is next submitted that petitioner
was not arrested from the spot, as such, nothing was recovered
from his conscious possession and is not the owner of the truck
and he came to be implicated based on confessional statement of
Purushottam Kumar Singh in police custody, which does not
have any evidentiary value.
Patna High Court CR. MISC. No.85643 of 2025(3) dt.20-01-2026
2/3
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of learned Special
Judge (Excise)-cum-Additional District & Sessions Judge-II,
Naugachhiya in connection with Naugachhiya P.S. Case No.313
of 2020, subject to the conditions laid down under Section
482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
Patna High Court CR. MISC. No.85643 of 2025(3) dt.20-01-2026
3/3
that petitioner has antecedents of only three cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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