Avinash Kumar Singh @ Chhotu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76489 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- Excise Dumraon District- Buxar ====================================================== Avinash Kumar Singh @ Chhotu Singh S/o Alok Singh R/o Village- Chilhari, Ward No. 03, P.S- Naya Bhojpur, Dist- Buxar (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Adv Mr.Akash Kumar Mishra, Adv For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dumraon Excise P.S. Case No. 71 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 2.520 liters of foreign liquor was recovered from bag and petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.76489 of 2025(2) dt.11-11-2025 2/2 that apprehended co-accused person disclosed the name of the petitioner. It is further submitted that seized bag does not belong to the petitioner. The petitioner is in custody since 24.09.2025 and has got one criminal antecedent, in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumraon Excise P.S. Case No. 71 of 2025.
(Rudra Prakash Mishra, J) krishnakant/- U