Avinash KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.41506 of 2026
                       Arising Out of PS. Case No.-2861 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Avinash Kumar S/O Anil Kumar Resident of Village- Jehthuli, P.S- Nadi,
                 District- Patna.

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :           Mr. Binay Kumar Singh, Advocate
                 For the Opposite Party :           Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                     Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor appearing on behalf of the

                   State.

                                   2.       The      petitioner       seeks        regular    bail     in

                   connection with Excise P.S. Case No.2861 of 2026 registered

                   for the offence under sections 30(a), 41 and 56(b) of the Bihar

                   Prohibition & Excise Act.

                                   3.       About 190 litres of illicit liquor has been

                   recovered from an ambulance car. The petitioner is the driver of

                   the said ambulance car.

                                   4.       The       petitioner       is     in     custody       since

                   07.05.2026. He claims clean antecedent.

                                   5.       It has been submitted by learned counsel for

                   the petitioner that the petitioner was the driver of the ambulance
Patna High Court CR. MISC. No.41506 of 2026(2) dt.25-06-2026
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          car and he has no concerned with the liquor which has been

          recovered from the said ambulance car.

                          6.      It has also been submitted that the petitioner

          is ready to donate Rs.25,000/- in some charitable organization

          without accepting his guilt.

                          7.      Learned APP appearing for the State opposes

          the prayer for bail of the petitioner.

                          8.      Considering the facts and circumstances of

          the case and also the submissions of learned counsel for the

          petitioner, this bail application is allowed.

                          9.      Let the petitioner, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Special Judge, Excise-3, Patna / concerned Court

          below, in connection with Excise P.S. Case No.2861 of 2026.

                          10.     This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishana Mission Ashrama, Ramakrishna Avenue, Nala

          Road, Patna, and produce the receipt of the same before the

          Court below at the time of furnishing bail bonds. The bail bonds

          of the petitioner shall only be accepted after verifying the

          genuineness of the receipt produced by him.
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                                        11.     At the time of accepting the bail bonds of the

                        petitioner, the Court below will verify the statement of the

                        petitioner that he has clean antecedent. The bail bonds of the

                        petitioner shall only be accepted if it is found that he has clean

                        antecedent.

                                        12.     Further, the petitioner shall also mark his

                        attendance at Nadi Police Station, District-Patna on first and

                        third Sunday of the month. Any default in appearance at the

                        Police Station would result in cancellation of bail bonds of the

                        petitioner.

                                        13.     It is, however, clarified that the observations

                        made herein are limited to the adjudication of the present bail

                        application and shall not prejudice the case of the petitioner at

                        any subsequent stage of the trial and this Court has not

                        expressed any opinion on the merits of the case.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T