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Patna High Court

Awadhesh Kumar @ Awdhesh Yadav @ Awadhesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Awadhesh Kumar was arrested in connection with a case (PS‑Yadopur Case No. 145/2022) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, involving the seizure of 35.8 litres of country‑made liquor. The prosecution alleged that Kumar fled the scene when police attempted a vehicle check, relying mainly on the confessional statements of co‑accused Dudhnath Yadav and Rakesh Raj. The petitioner contended that he was falsely implicated, that no material was recovered from his possession, and that the procedural requirements of Sections 103 and 105 of the BNSS had not been complied with. The State opposed bail. After considering the lack of direct evidence against the petitioner and the procedural concerns, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, to be satisfied before the Exclusive Special Excise Court, Gopalganj.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether the reliance on co‑accused confessional statements, without any material recovered from the petitioner, justifies bail.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor seizure
  • procedural lapse
  • co‑accused statements

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.39198 of 2026
                     Arising Out of PS. Case No.-145 Year-2022 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Awadhesh Kumar @ Awdhesh Yadav @ Awadhesh Yadav Son of Hirdya
                 Yadav @ Hirdyanand Yadav Resident of Village -Ekderwan PS- Nagar
                 Gopalganj, District-Gopalganj
                                                                       ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Lokesh Kumar Singh, Advocate
                 For the Opposite Party :         Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                               2. The petitioner seeks bail in connection with

                   Yadopur (Jadopur) P.S. Case No. 145 of 2022, dated 19.08.2022,

                   registered for the offence under Sections 30(a) of the Bihar

                   Prohibition and Excise Amendment Act, 2018.

                               3. As per the prosecution case, during course of

                   vehicle checking, the informant found that four persons on three

                   motorcycles attempted to flee away noticing the police party. It

                   has been alleged that two persons, Dudhnath Yadav and Rakesh

                   Raj, were apprehended. The petitioner is alleged to be one of the

                   persons who fled away from the place of occurrence, as

                   disclosed by the apprehended accused persons. It has been

                   further alleged that altogether 35.800 liters of country made
Patna High Court CR. MISC. No.39198 of 2026(2) dt.17-06-2026
                                            2/3




          liquor has been recovered.

                       4. Learned counsel appearing for the petitioner has

          submitted that the petitioner has been falsely implicated in this

          case. It has further been submitted that except the confessional

          statement of the co-accused made before the police, while in

          police custody, there is no material against the petitioner. It has

          been further submitted that nothing has been recovered from the

          conscious possession of the petitioner. It has further been

          submitted that the procedure prescribed under Sections 103/105

          of the BNSS has not been followed with. It has been further

          submitted that although the petitioner has been made accused in

          four other cases of similar nature, but he is on bail in three of

          them. It has lastly been submitted that the petitioner is in

          custody since 15.04.2026 and charge-sheet has been filed in this

          case.

                       5. Learned A.P.P. for the State vehemently opposed

          the prayer for bail of the petitioner.

                       6. Heard learned counsel for the parties and perused

          the records.

                       7. Considering the facts and circumstances of the case

          as well as the nature of material against the petitioner, let the,

          above named, petitioner be released on bail on furnishing bail
          Patna High Court CR. MISC. No.39198 of 2026(2) dt.17-06-2026
                                                      3/3




                    bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                    amount each to the satisfaction of learned Exclusive Special

                    Excise Court No.I, Gopalganj, in connection with Yadopur

                    (Jadopur) P.S. Case No. 145 of 2022.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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