Awanish Kumar @ Awanish Awanish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59041 of 2025 Arising Out of PS. Case No.-229 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Awanish Kumar @ Awanish Awanish son of Subhash Thakur Resident of village - Bhawanipur Bathani Tola, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sangrampur P.S. Case No. 229 of 2025 for the offence registered under Sections 30 (a), 32, 41(i) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 189.795 litres of foreign liquor from the Baithka of co-accused Anand Kumar along with two motorcycles. It is alleged that petitioner was sitting there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.59041 of 2025(2) dt.11-09-2025 2/2 He further submits that recovery was made in the Baithka of coaccused Anand Kumar. There is no independent witness to the seizure list that is the violation of provision under Section 103 of the BNSS. Similarly situated co-accused, namely, Anand Kumar has already been granted regular bail by this Court vide order dated 03.09.2025 passed in Cr. Misc. No. 57525 of 2025. Petitioner is in jail custody since 20.06.2025. He has one criminal antecedents in which he is on bail. Petitioner undertakes to co-operate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran, in connection with Sangrampur P.S. Case No. 229 of 2025.

(Sunil Dutta Mishra, J) khushbu/- U T