Patna High Court
Awadhesh Kumar @ Abhadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Awadhesh Kumar was arrested on 14 February 2026 in connection with a case alleging possession and sale of 236.73 litres of English liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The police seized the liquor, a motorcycle and mobile phones, but the petitioner claims the items were recovered from the place of occurrence and not from his personal possession, and alleges non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure Act, 2023. The petitioner has a clean antecedent and the prosecution could not produce any material linking him directly to the contraband. The court, noting the lack of substantive evidence and the petitioner’s clean record, ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of liquor and related items.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 affects the bail application.
- Whether the petitioner’s clean antecedent and lack of direct evidence warrant grant of bail.
Legislation cited
- Bihar Narcotic and Substance Seizure Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- seizure
- clean antecedent
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24425 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- SITAMARHI District- Sitamarhi
======================================================
Awadhesh Kumar @ Abhadhesh Kumar Son of Late Rampratap Singh
Resident of Village - Kapraul, Ward No. 13, P.S.- Riga, District - Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.02.2026 in connection with Sitamarhi P.S. Case No. 98 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act.
3. The prosecution story, in brief, is that informant
Chandrabhushan Shukla, on 13.02.2026, received
information that two individuals Krishna Sharma and Awadhesh
Kumar had stockpiled a large quantity of "English liquor" and
were engaged in its sale and purchase in connection with the
upcoming Holi festival. It was further reported that both
individuals had arrived on a "Rider" model motorcycle
(Registration No. BR30AJ- 4928) and intended to load the
liquor onto the vehicle to conceal it elsewhere;
Acting upon this intelligence and after duly informing my
superior officers regarding the matter-Informant departed from
Patna High Court CR. MISC. No.24425 of 2026(2) dt.15-04-2026
2/5
the police station at approximately 13:10 hours, accompanied by
Constable-284 Awadhesh Kumar and Constable-41 Mangru
Ram, for the purpose of verifying the information and taking
necessary action. Upon location at reaching the aforementioned
approximately 13:15 hours, observed the two individuals
extracting items from cardboard cartons and packing them into
carry-bags. Upon sighting the police, they attempted to flee;
however, with the assistance of the force, both individuals were
successfully apprehended. When questioned regarding their
identities and addresses, the first individual identified himself as
Krishna Sharma (son of Pawan Kumar Sharma, residing at Old
Exchange Road, Laheripatti, Ward No. 11, P.S. & District
Sitamarhi), while the second identified himself as Awadhesh
Kumar (son of the late Rampratap Singh, residing at Kaprail,
Ward No. 13, P.S. Riga, District Sitamarhi). Furthermore, when
questioned regarding the contents of the cartons and carry-bags,
they admitted they that liquor." Subsequently, a contained
"English was formal search conducted in strict adherence to the
prescribed rules. According to the seizure list, the items
recovered included one black TVS Raider motorcycle (Reg. No.
BR30AJ-4928) and, stored within various cartons of different
liquors amounting to a total of 236.73 liters of English liquor.
Patna High Court CR. MISC. No.24425 of 2026(2) dt.15-04-2026
3/5
Additionally, a sky-blue Vivo smartphone (IMEI 1:
865825071595617; IMEI 2: 865825071595808; Mobile No.:
9905024800) was recovered from the right pocket of Krishna
Kumar's trousers; and a blue Redmi mobile phone
(IMEI 1: 865223055844238; IMEI 2: 865223055844247)-
containing a Jio SIM card (Mobile No.: 6201063121) and an
Airtel SIM card (Mobile No.: 7481089537) was recovered from
the right pocket of Awadhesh Kumar's trousers. These items
were duly seized following the preparation of a formal seizure
list, upon which both witnesses affixed their respective
signature. Hence FIR registered.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR and
seizure list that nothing has been recovered from the conscious
possession of the petitioner and recovery has been made from
the place of occurrence and altogether 236.73 liters of foreign
liquor was recovered from the motorcycle in question. Learned
counsel for the petitioner submits that petitioner has no concern
at all with the alleged liquor or the motorcycle in question and
from bare perusal of the seizure list it appears that seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
Patna High Court CR. MISC. No.24425 of 2026(2) dt.15-04-2026
4/5
and the petitioner is in custody since 14.02.2026.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and except the
suicide note which was forwarded to the mobile phone of the
police officer no other cogent material has come during the
course of investigation to suggest the involvement of petitioner
in the present occurrence, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court-2,
Sitamarhi or concern court in connection with Sitamarhi P.S.
Case No. 98 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.24425 of 2026(2) dt.15-04-2026
5/5
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.