Patna High Court
Awadhesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Awadhesh Yadav was arrested in connection with Bhagwan Bazar PS Case No. 614 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 50 litres of country‑made liquor were seized from a plastic bag. The petitioner contended that he was falsely implicated, had no incriminating material in his possession, no prior criminal record, and that the police had not complied with Section 103 of the BNSS, 2023. The State opposed the bail application, arguing the seriousness of the offence. The Court examined the facts, the period of custody since 5 November 2025, and the lack of direct evidence against the petitioner. Considering these circumstances, the Court was inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the alleged possession of illicit liquor, the custody period, and the alleged non‑compliance of Section 103 of the BNSS, 2023.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103 BNSS
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2073 of 2026
Arising Out of PS. Case No.-614 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Awadhesh Yadav Son of Ram Narayan Yadav Resident of Village - Bakulaha,
P.S.- Bariya, Distt.- Balia, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Adv.
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhagwan
Bazar PS Case No. 614 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 50 liters of
country made liquor was recovered from the plastic bag.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner submits that the petitioner has been implicated in
this case by the police with ulterior motive. The petitioner is in
Patna High Court CR. MISC. No.2073 of 2026(2) dt.19-01-2026
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custody since 05.11.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Bhagwan Bazar PS Case No. 614 of
2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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