Awadhesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34984 of 2026 Arising Out of PS. Case No.-3692 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Awadhesh Kumar Sah S/o Nand Lal Sah R/o - E/41 Doctors Colony, Patna, P.S - Patrakar Nagar, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Suman Kumari Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2026
1. Heard the parties through virtual mode.
2. The petitioner is apprehending arrest in connection with Excise P.S. Patna Case No. 3692 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution story, the police intercepted an E-rickshaw and there is recovery/seizure of 90 liters country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits it was being driven by Ranjan Kumar Mishra and he being the owner, got implicated. Last submission that the petitioner does not have criminal antecedent.
5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in
2/4 the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising our of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP, Ms. Suman Kumari Singh opposes the prayer submitting that he is the owner.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also the fact that he does not have any criminal antecedent., in that background this Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Excise P.S. Patna Case No. 3692 of 2025 to the satisfaction of learned Special Judge Excise-III, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family
3/4 member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned police station every day for one month and later every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty
4/4 to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Nirmal/- U T