Awadhesh Yadav @ Awadhesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14557 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Awadhesh Yadav @ Awadhesh Kumar Yadav Son of Mohan Yadav Resident of Village - Vikramrahi, Ward No. 10, Police Station - Ghoghardiha, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.
4. Allegation is of recovery of 3945.600 litres of liquor from a truck.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized truck. It is further submitted that petitioner came to be
Patna High Court CR. MISC. No.14557 of 2025(2) dt.02-04-2025 2/3 implicated based on the secret information which is easiest way to implicate someone. It is next submitted that once an accused is implicated in a case relating to excise, the police start implicating mechanically without holding proper investigation of the case.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jhanjharpur Excise P.S. Case No. 13 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than three cases in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner
Patna High Court CR. MISC. No.14557 of 2025(2) dt.02-04-2025 3/3 has antecedent of only three cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T