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Patna High Court

Awadhesh Kumar Yadav @ Avdesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as no offence is made out against the petitioner under the FIR.

Summary

Awadhesh Kumar Yadav sought anticipatory bail after an FIR was lodged under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging that 20 litres of illicit liquor were seized from a motorcycle. The petitioner contended that he neither owned the motorcycle nor had any possession of the liquor, and he had no prior criminal record. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the petitioner argued that anticipatory bail could be granted despite the bar under Section 76(2) if no offence is established. The State opposed, citing villagers' identification of the petitioner. The court, noting the lack of ownership, absence of antecedent, and the cited precedent, granted anticipatory bail under Section 438(2) of the Cr.P.C. with detailed conditions for appearance and conduct.

Issues considered

  • Can anticipatory bail be granted under Section 438 CrPC in a case arising under the Bihar Prohibition and Excise Amendment Act despite the bar in Section 76(2)?
  • Is the petitioner likely to be implicated in the alleged offence given he does not own the vehicle or possess the seized liquor?
  • Are the conditions imposed for the grant of anticipatory bail appropriate and sufficient?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • section 30
  • section 438
  • section 76(2)
  • seizure of liquor
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21639 of 2026
                   Arising Out of PS. Case No.-129 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Jamui
                 ======================================================
                 Awadhesh Kumar Yadav @ Avdesh Yadav Son of Late Sudin Yadav Resident
                 of Village- Tilakpur, P.S.- Khaira, District- Jamui, Bihar

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms.Ankita Kumari, Advocate
                 For the Opposite Party/s :    Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                  Heard Ms.Ankita Kumari, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending arrest in connection

                   with Khaira G.O. Comp. P.S Case no. 129 C2 of 2020

                   registered under sections 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022 lodged on 15.06.2020 by the

                   informant, Shiv Nandan Singh.

                                3. As per the prosecution story, the informant alleged

                   that during interception of the motorcycle, 20 liters of country

                   made liquor recovered/seized. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his conscious possession nor

                   the motorcycle belongs to him. Further, he do not have criminal
Patna High Court CR. MISC. No.21639 of 2026(2) dt.16-04-2026
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          antecedent.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that

          his name has been given by some of the villagers.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the petitioner do not have criminal antecedent nor he

          owns the motorcycle, in that background, this Court is inclined

          to extend him the privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Khaira G.O. Comp. P.S
Patna High Court CR. MISC. No.21639 of 2026(2) dt.16-04-2026
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          Case no. 129 C2 of 2020 to the satisfaction of learned Exclusive

          Excise Court-II, Jamui subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the police

          station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every day for one month and later every fortnight

          for next six months to mark his attendance and at the end of the

          period a certificate be submitted before the Trial Court failing

          which the State shall be at liberty to take steps for cancellation

          of bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
             Patna High Court CR. MISC. No.21639 of 2026(2) dt.16-04-2026
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                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (vi) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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