Patna High Court
Awadhesh Kumar @ Awdhesh Yadav @ Awadhesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied as the court was not inclined to grant relief given the petitioner’s unclean criminal antecedent and the facts of the case.
Summary
The petitioner, Awadhesh Kumar, sought anticipatory bail in a case involving the alleged possession of nine litres of illicit liquor, charged under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution alleged that the liquor was recovered, though not from the petitioner’s conscious possession. The petitioner claimed innocence and highlighted that the seized liquor was not in his possession, while also noting that he has four pending criminal cases. The State opposed bail, emphasizing the petitioner’s unclean criminal antecedent. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances insufficient to justify such relief.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- illicit liquor
- Section 414 IPC
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21711 of 2026
Arising Out of PS. Case No.-145 Year-2022 Thana- YADOPUR District- Gopalganj
======================================================
Awadhesh Kumar @ Awdhesh Yadav @ Awadhesh Yadav S/O Hirdya Yadav
@ Hirdyanand Yadav R/O Village- Ekderwan, P.S- Nagar Gopalganj, District-
Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Yadopur (Jadopur) P.S. Case No. 145 of 2022, dated
19.08.2022, lodged under Section 414 of the Indian Penal Code
and under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2018, pending before the Court of Additional
District and Sessions Judge-XIII-cum-Special Judge, Excise
Court No. I, Gopalganj.
3. As per the prosecution, total recovery of 9 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21711 of 2026(2) dt.08-04-2026
2/2
petitioner is innocent and has committed no offence. Counsel
further submits that nothing has been recovered from the
conscious possession of the petitioner. Counsel also submits that
the criminal antecedent of the petitioner is not clean, as four
criminal cases are pending against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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