Avadh Rai @ Avadh Kumar Rai @ Awadh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44751 of 2026 Arising Out of PS. Case No.-27 Year-2025 Thana- KARJA District- Muzaffarpur ====================================================== Avadh Rai @ Avadh Kumar Rai @ Awadh Kumar Yadav, S/o Yogendra Ray, Resident of Village - Mahmadpur Baya, P.S. - Saraiya, District - Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :
Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Karja P.S. Case No.27 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022(Amended).
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 354 litres and 420 ml of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.44751 of 2026(2) dt.07-07-2026 2/3 a pick-up van bearing Registration No. BR33M-5927. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the name of the petitioner surfaced solely on the disclosure made by the local villagers. It is also pointed out that seizure list appears doubtful being not supported by independent witnesses rather than by police personnel. The petitioner has one criminal antecedent, in which, he is on bail.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II,
Patna High Court CR. MISC. No.44751 of 2026(2) dt.07-07-2026 3/3 Muzaffarpur in connection with Karja P.S. Case No.27 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Raushan/- U T