Patna High Court
Awadesh Kumar @ Awadesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents.
Summary
Awadesh Kumar applied for anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was not arrested at the spot, no liquor was recovered from his possession, and the case was based solely on secret information. The State opposed the bail, arguing the seriousness of the alleged offence. The High Court, after hearing counsel, granted provisional anticipatory bail on a bond of Rs.15,000 with two sureties, subject to Section 482(2) of the Code of Criminal Procedure. The court directed the trial court to verify the petitioner’s criminal antecedents and stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s antecedent criminal cases affect the grant of anticipatory bail.
- Whether the procedural requirements for anticipatory bail under Section 482(2) of the CrPC have been satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedents
- provisional bail
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14147 of 2026
Arising Out of PS. Case No.-882 Year-2025 Thana- AMARPUR District- Banka
======================================================
Awadesh Kumar @ Awadesh Yadav Son of Moti yadav Resident Of Village-
Digghi Pokhar, Ps- Amarpur, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
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 168
litres of liquor from a sack near Balua field. It is next submitted
that petitioner was not arrested from the spot, as such, nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on secret information which
is the easiest way to implicate someone. It is next submitted that
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once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 Exclusive
Special Excise Court-1, Banka in connection with Amarpur P.S.
Case No.882 of 2025, 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 antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
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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
that petitioner has antecedents of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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