Awadhesh Kumar @ Awdhesh Yadav @ Awadhesh Yadav v. The State Of Bihar
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 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 2/3 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 3/3 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/- U T