Patna High Court
Awadh Bihari PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S 2023.
Summary
Awadh Bihari Prasad applied for bail in a case registered under Section 30(a) of the Bihar Excise Act for allegedly transporting 10 litres of illicit liquor in a motorcycle. He contended that he was neither the owner nor the driver of the vehicle, was not named in the FIR, and had no criminal antecedents, asserting that the case was based solely on suspicion. The State opposed the bail application. The High Court, after considering the submissions, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S 2023, including cancellation of bail if antecedents or false statements are discovered. The order directed the petitioner to surrender within eight weeks if arrested.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s claim of innocence, lack of ownership of the vehicle, and absence of prior criminal record justify bail.
- Whether the court may impose conditions for bail under Section 482(2) of the B.N.S.S 2023.
Legislation cited
- Bihar Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Excise Act
- Section 30(a)
- anticipatory bail
- Section 482(2)
- B.N.S.S 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39225 of 2026
Arising Out of PS. Case No.-245 Year-2021 Thana- ARA NAGAR District- Bhojpur
======================================================
Awadh Bihari Prasad, S/O Late Ganga Sah, Resident of Village- Pareo, P.S.-
Bihta, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate.
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Ara Town P.S. Case No. 245 of 2021 dated
03.03.2021 registered for the offence punishable under Section
30(a) of Bihar Excise Act.
3. As per allegation, Motorcycle bearing registration
No. BR-01AT-2296 was carrying 10 litres illicit liquor and on
seeing the Police the Motorcyclist fled away leaving behind the
Motorcycle. After search, 10 litres illicit liquor was recovered
from the bag tied up with the Motorcycle.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that petitioner is neither owner of the
Patna High Court CR. MISC. No.39225 of 2026(2) dt.17-06-2026
2/3
vehicle nor he was driving the same. He has nothing to do with
the alleged offence. He also submits that the petitioner is not
named in the First Information Report. The whole case is based
only on suspicion.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned court below in connection with
Ara Town P.S. Case No. 245 of 2021, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S 2023, and
on the following conditions:
Patna High Court CR. MISC. No.39225 of 2026(2) dt.17-06-2026
3/3
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.