Avinash Kumar @ Gora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44921 of 2025 Arising Out of PS. Case No.-159 Year-2024 Thana- Shahartelpa P.S. District- Arwal ====================================================== Avinash Kumar @ Gora son of Dudheshvar Prasad Vill- Karpi Plarkhana PS -Karpi Dist -Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Adv.

For the Opposite Party/s :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-07-2025 Heard Mr. Shivendra Prasad, learned counsel for the petitioner and Mrs. Renuka Ratnakar, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shahar Telpa P.S. Case No. 159 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 21.375 liters of country-made foreign liquor was recovered from a bike. One Ranjeet Kumar was apprehended.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that the petitioner is neither the owner of

Patna High Court CR. MISC. No.44921 of 2025(2) dt.16-07-2025 2/2 the bike nor anything has been recovered from his conscious possession. The petitioner name has surfaced only in the statement of co-accused namely, Ranjeet Kumar.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shahar Telpa P.S. Case No. 159 of 2024, he will be enlarged 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 learned Special Judge (Excise) II, Jehanabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T