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Patna High Court

Avinash Kumar @ Bittu Kumar @ Bittu Singh @ Abhinash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with specified conditions.

Summary

Avinash Kumar was arrested in connection with the seizure of 301.125 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, had been in custody since 25 March 2026, and offered to donate Rs. 25,000 to a charitable institution without admitting guilt. The State opposed bail, but the Court, after considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties, conditioned on the donation of Rs. 25,000 to Ramakrishna Mission Vidyapith and regular attendance at the police station every Sunday. The order clarified that it pertained only to the bail application and did not prejudice the trial. The bail bonds would be accepted upon verification of the donation receipt.

Issues considered

  • Whether bail should be granted to the petitioner accused under the Bihar Prohibition and Excise Act
  • Whether the conditions imposed, including a charitable donation and police station attendance, are appropriate for bail

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • charitable donation
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42397 of 2026
                       Arising Out of PS. Case No.-525 Year-2026 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Avinash Kumar @ Bittu Kumar @ Bittu Singh @ Abhinash Kumar Son of
                 Late Rajesh Singh Resident of Village- Suryachauk, P.S.- Chas, District-
                 Bokaro

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ankita Kumari, Advocate
                 For the State            :        Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with JAM

                   P.S. Case No. 525 of 2026 registered for the offence punishable

                   under Sections 30(a) and 32(3) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   301.125 litres of illicit liquor from a vehicle in which the

                   petitioner was found travelling.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   25.03.2026.
Patna High Court CR. MISC. No.42397 of 2026(2) dt.29-06-2026
                                            2/3




                       5. Learned counsel for the petitioner submits that the

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

          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Excise Court-II, Jamui/concerned Court below in connection

          with JAM P.S. Case No. 525 of 2026.

                       8. This is also subject to the condition that the

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

          Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.:

          Vidyapith, Dist. Deoghar Jharkhand and produce the receipt of

          the same before the Court below. The bail bonds of the

          petitioner shall be accepted after verifying the genuineness of

          the receipt produced by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at Chas

          Police Station, District- Bokaro on every Sunday of the month.
           Patna High Court CR. MISC. No.42397 of 2026(2) dt.29-06-2026
                                                       3/3




                     Any default in appearance at the police station will result in

                     cancellation of bail bonds of the petitioner.

                                  10. 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 express

                     any opinion on the merits of the case.

                                  11. Let a copy of this order be communicated to the

                     Superintendent of Police, Bokaro, Jharkhand forthwith through

                     FAX or e-mail for its compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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