Avinash Kumar @ Fante @ Avinash Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54826 of 2025 Arising Out of PS. Case No.-293 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== Avinash Kumar @ Fante @ Avinash Kumar Choudhary S/O Late Madan Choudhary R/O Mohalla- Krishna Nagar, Ward No.- 37, P.S.- Saharsa Sadar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 24.750 litres of foreign liquor from a hut outside the residential house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that the alleged recovery has been made from a hut, which does not belongs to the petitioner. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.54826 of 2025(2) dt.27-08-2025 2/2 petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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, Saharsa in connection with Saharsa P.S. Case No. 293 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) sauravkrsinha/- U T