Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41506 of 2026 Arising Out of PS. Case No.-2861 Year-2026 Thana- Excise P.S. District- Patna ====================================================== Avinash Kumar S/O Anil Kumar Resident of Village- Jehthuli, P.S- Nadi, District- Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Binay Kumar Singh, Advocate For the Opposite Party :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2.

The petitioner seeks regular bail in connection with Excise P.S. Case No.2861 of 2026 registered for the offence under sections 30(a), 41 and 56(b) of the Bihar Prohibition & Excise Act.

3.

About 190 litres of illicit liquor has been recovered from an ambulance car. The petitioner is the driver of the said ambulance car.

4.

The petitioner is in custody since 07.05.2026. He claims clean antecedent.

5.

It has been submitted by learned counsel for the petitioner that the petitioner was the driver of the ambulance

Patna High Court CR. MISC. No.41506 of 2026(2) dt.25-06-2026 2/3 car and he has no concerned with the liquor which has been recovered from the said ambulance car.

6.

It has also been submitted that the petitioner is ready to donate Rs.25,000/- in some charitable organization without accepting his guilt.

7.

Learned APP appearing for the State opposes the prayer for bail of the petitioner.

8.

Considering the facts and circumstances of the case and also the submissions of learned counsel for the petitioner, this bail application is allowed. 9.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-3, Patna / concerned Court below, in connection with Excise P.S. Case No.2861 of 2026. 10.

This is also subject to the condition that the petitioner shall deposit an amount of Rs.25,000/- in Ramakrishana Mission Ashrama, Ramakrishna Avenue, Nala Road, Patna, and produce the receipt of the same before the Court below at the time of furnishing bail bonds. The bail bonds of the petitioner shall only be accepted after verifying the genuineness of the receipt produced by him.

Patna High Court CR. MISC. No.41506 of 2026(2) dt.25-06-2026 3/3 11.

At the time of accepting the bail bonds of the petitioner, the Court below will verify the statement of the petitioner that he has clean antecedent. The bail bonds of the petitioner shall only be accepted if it is found that he has clean antecedent.

12.

Further, the petitioner shall also mark his attendance at Nadi Police Station, District-Patna on first and third Sunday of the month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

13.

It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. (Sandeep Kumar, J) pawan/- U T