Patna High Court

Awadhesh Kumar Singh @ Awadhesh SinghversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Awadhesh Kumar Singh, was arrested in connection with a case (Buxar PS Case No. 377/2025) for allegedly possessing 90 litres of liquor recovered from a public jute sack, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his personal possession, and that the recovery was from an open area accessible to the public. The State opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and his custody since 2 December 2025. The Court examined the circumstances, noting the absence of incriminating material on the petitioner and the prolonged pre‑trial detention. Considering these factors, the Court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Whether the facts showing no liquor in the accused's possession and recovery from a public place justify bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5222 of 2026
                   Arising Out of PS. Case No.-377 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Awadhesh Kumar Singh @ Awadhesh Singh S/o- Budhiram Singh R/v-
                 Mishrawalliya Ps- Buxar M, Dist- Buxar
                                                                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajiv Ranjan Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Buxar

                   (M) P.S. Case No. 377/2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 90 litres

                   of liquor has been recovered from jute sack.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The

                   petitioner has got no concern with the alleged recovery of

                   liquor. The petitioner is in custody since 02.12.2025 and has two
             Patna High Court CR. MISC. No.5222 of 2026(2) dt.29-01-2026
                                                         2/2


                       criminal antecedent as stated at Supplementary Affidavit. There

                       is no compliance of Section 103 of the Bharatiya Nagarika

                       Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Buxar (M) P.S. Case

                       No. 377/2025, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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