Patna High Court
Avinash Kumar @ Bittu Kumar @ Bittu Singh @ Abhinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
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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