Patna High Court
Awadhesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner under Section 438 of the Cr.P.C.
Summary
Awadhesh Kumar Sah sought anticipatory bail after police seized 90 litres of country-made liquor from an e‑rickshaw, leading to an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioner argued he was not the owner, that the vehicle was driven by Ranjan Kumar Mishra, and that he has no criminal antecedent. The State contended that the petitioner was the owner and opposed bail. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence, the court examined the facts. Finding no prior criminal record and that the FIR did not establish a clear offence against the petitioner, the court granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Amendment Act despite the bar under Section 76(2).
- Whether the facts disclosed in the FIR establish a prima facie offence against the petitioner.
- Whether the petitioner is eligible for bail given his lack of criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise
- prohibition
- Section 30
- Section 76
- Section 438
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34984 of 2026
Arising Out of PS. Case No.-3692 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Awadhesh Kumar Sah S/o Nand Lal Sah R/o - E/41 Doctors Colony, Patna,
P.S - Patrakar Nagar, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Suman Kumari Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 1. Heard the parties through virtual mode.
2. The petitioner is apprehending arrest in connection
with Excise P.S. Patna Case No. 3692 of 2025 instituted under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act.
3. As per the prosecution story, the police intercepted
an E-rickshaw and there is recovery/seizure of 90 liters country
made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits it was
being driven by Ranjan Kumar Mishra and he being the owner,
got implicated. Last submission that the petitioner does not have
criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
Patna High Court CR. MISC. No.34984 of 2026(2) dt.20-05-2026
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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 our 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, Ms. Suman Kumari Singh opposes
the prayer submitting that he is the owner.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the fact that he does not have any criminal antecedent., 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 Excise P.S. Patna Case
No. 3692 of 2025 to the satisfaction of learned Special Judge
Excise-III, Patna 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
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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,
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
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to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Nirmal/-
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