Avinash Kumar @ Abhinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84943 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Avinash Kumar @ Abhinash Kumar Son of Nandkishore Sah Resident of Village- Repura Ward No. 7, P.S.- Sakta, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, 909.6 litres of foreign liquor has been recovered form a Pickup.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that nothing has been recovered from conscious possession of the petitioner. He further submits that the petitioner is the driver of the seized
Patna High Court CR. MISC. No.84943 of 2024(2) dt.24-01-2025 2/2 Pickup and has been apprehended on the spot. The petitioner has no criminal antecedent and has been languishing in custody since 20.08.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid and the custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Musarigharari P.S. Case No.120 of 2024.
(Anjani Kumar Sharan, J) anand/- U T