Patna High Court
Awadhesh Kumar @ Awdhesh Yadav @ Awadhesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
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
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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
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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/-
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