Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41754 of 2025 Arising Out of PS. Case No.-258 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== 1.
Avinash Kumar S/O Late Tejnarayan Singh Village- Khaspur, PS- Didarganj, Dist.- Patna 2.
Nitish Kumar S/O Bhart Singh Village- Khaspur, PS- Didarganj, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Agamkuan P.S. Case No. 258/2025 dated 25.03.2025 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 400 litres of illicit spirit was recovered from the tempo.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. As per para. 7 of the bail petition,
Patna High Court CR. MISC. No.41754 of 2025(2) dt.07-07-2025 2/2 the petitioner no. 1 is the driver of the said tempo. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 26.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City, in connection with Agamkuan P.S. Case No. 258/2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T