Patna High Court
Awadhesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner with conditions, including personal appearance on every trial date and possible cancellation for future similar offences.
Summary
The petitioner, Awadhesh Sah, applied for bail in a case under Section 47(a) of the Bihar Prohibition and Excise Act after his bail bonds were cancelled on 2 September 2016. He claimed he was unaware of the lower‑court proceedings because he had entrusted his representation to another person and pledged to appear personally on every date, warning that any failure would lead to cancellation of bail. The State opposed the bail, citing the petitioner’s custody since 22 December 2025 and his five prior criminal antecedents for which he is already on bail. The Court considered the submissions, the length of custody, and the petitioner’s undertaking, and ordered bail on the condition of furnishing a Rs 10,000 bond with two sureties and strict compliance with court dates. The bail was granted with a further condition that any future similar offence could lead to cancellation of the bail bonds.
Issues considered
- Whether bail should be granted to the petitioner under Section 47(a) of the Bihar Prohibition and Excise Act despite his prolonged custody and prior criminal antecedents
- Whether the Court can impose conditions such as personal appearance on every trial date and cancellation of bail for future similar offences
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 47(a)
- criminal procedure
- court conditions
- custody
- prior antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15260 of 2026
Arising Out of PS. Case No.-10 Year-2005 Thana- VIJAYEPUR District- Gopalganj
======================================================
Awadhesh Sah S/O Dudhnath Sah R/O Bagara Bazar, P.S- Vijaipur, Distt.-
Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 24-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner seeks bail in a case under Section
47(a) of the Bihar Prohibition and Excise Act in which the bail
bonds of the petitioner was cancelled on 02.09.2016.
3. It has been submitted by the learned counsel for the
petitioner that the petitioner was not aware of the proceedings
before the court below and had entrusted his pairavi to someone
else. Learned counsel for the petitioner further submits that the
petitioner undertakes to appear physically before the learned
court below on each and every date, and failure on even a single
occasion would entitle his bail bonds to be cancelled. The
petitioner is in custody since 22.12.2025 and has five criminal
antecedents in which he is on bail.
Patna High Court CR. MISC. No.15260 of 2026(3) dt.24-04-2026
2/2
4. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
5. Considering the aforesaid submissions of the
parties as well as the period of custody, let the petitioner above-
named, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Gopalganj, in connection with Vijayipur P.S. Case No. 10 of
2005, with condition(s):-
(i) The petitioner is directed to be
well represented before the learned Court
below on each and every date fixed in the
trial. Failure on even one occasion, without
reasonable explanation, shall render the bail
bonds of the petitioner liable to be
cancelled.
(ii) If the petitioner’s involvement
is found in similar nature of offence in the
future, the prosecution will be at liberty to
move for cancellation of his bail bonds.
6. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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