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Patna High Court

Awadhesh Kumar @ Awadhesh Kumar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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                       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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