Patna High Court
Awadhesh Kumar @ Avdhesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is warranted and granted, subject to stringent conditions.
Summary
Awadhesh Kumar Yadav, the owner of a scooty from which 45 litres of Nepali liquor was seized, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. The State opposed the bail, arguing the seriousness of the alleged offence. The High Court, after hearing counsel, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 to a charitable institution, and verify his clean antecedent. Additional conditions included regular attendance at the Laukahi Police Station on specified Sundays, with non‑compliance leading to bail cancellation. The order was issued under the provisions of Section 438(2) of the CrPC and Section 482 of the Bihar Prohibition and Excise Act.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC and Section 482 of the Bihar Prohibition and Excise Act in the present case
- Whether the petitioner poses a risk of absconding or tampering with evidence
- Whether the conditions imposed for bail are appropriate and lawful
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Criminal Procedure Code
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38233 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- NADI District- Supaul
======================================================
Awadhesh Kumar @ Avdhesh Kumar Yadav S/o Madan Yadav Ro Village-
Piprahi Jhauri, P.s- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar, Advocate
For the Opposite Party/s : Ms.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Supaul Nadi @ Supaul P.S. Case No. 153 of
2025 registered for the offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, petitioner is the
owner of the scooty from which 45 litres of Nepali liquor has
been recovered.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.38233 of 2026(2) dt.16-06-2026
2/3
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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-I, Supaul/ concerned Court below in
connection with Supaul @ Supaul Nadi P.S. Case No. 153 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
Patna High Court CR. MISC. No.38233 of 2026(2) dt.16-06-2026
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antecedent.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Laukahi Police Station, District- Madhubani on first and third
Sunday of every month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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