Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69039 of 2025 Arising Out of PS. Case No.-318 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Avinash Kumar Son of Raj Kumar Ray, R/o Village - Uttari Dhamaun, P.S. - Patori, Dist. - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Prasad Roy, Advocate.

For the Opposite Party/s :

Mr. Akbar Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 300 litre illicit country made liquor from the CNG Auto bearing Registration No. BR-31PB-3038. It is alleged that the coaccused managed to flee away from the spot but the petitioner who was driving the said vehicle was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is the owner-cum-driver of the seized vehicle which was purchased for commercial use to maintain his livelihood. Learned counsel submits that the said

Patna High Court CR. MISC. No.69039 of 2025(2) dt.24-09-2025 2/2 illicit liquor was brought by the co-accused and he had no knowledge about the same. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is in custody since 23.07.2025 and he has got clean antecedent. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

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, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released 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 Court concerned in connection with Shahpur Patory P.S. Case No.318 of 2025.

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