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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Avinash Kumar, a resident of Nawada, was arrested as the driver of a car from which police recovered 65 litres of illicit mahua liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the contraband and was merely a driver, arguing that his involvement was a false implication based on prior similar offences. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal antecedents. The court considered the length of custody since 17 November 2025 and the petitioner’s willingness to furnish a bail bond and sureties. It granted bail on a Rs 10,000 bond with two sureties, imposing conditions such as personal appearance in court, reporting to the Superintendent of Police, and possible cancellation for future offences. The order clarified that any observations made would not affect the trial proceedings.

Issues considered

  • Whether bail should be granted to the accused driver in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite his prior criminal antecedents
  • Whether the petitioner’s claim of lack of knowledge of the contraband negates the presumption of guilt for the offence

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • driver
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89676 of 2025
                      Arising Out of PS. Case No.-374 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
                 Avinash Kumar Son of Raghunandan Choudhary Resident of At - Khalkhu,
                 P.S. - Sirdala, Dist. - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   07-01-2026                      Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Narhat P.S. Case No. 374 of 2025

                   registered for the offence(s) punishable under Section(s)

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, on the basis of

                   secret information, the police recovered 65 litres of country-

                   made mahua liquor from a car which was being driven by

                   the petitioner.

                                4. The learned counsel for the petitioner submits

                   that the petitioner was merely the driver of the car and had

                   no knowledge of the consignment kept therein. It is further
Patna High Court CR. MISC. No.89676 of 2025(2) dt.07-01-2026
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          submitted that the petitioner has been falsely implicated in

          the present case merely on account of his criminal

          antecedents, out of which three are of similar nature. The

          learned counsel lastly submits that the petitioner is in

          custody since 17.11.2025.

                       5. The petitioner is willing and undertakes to

          deposit a sum of Rs. 5,000/- with the Advocate Association,

          Patna High Court.

                       6. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       7. Regard being had to the facts and circumstances

          of the case and taking note of the fact that the petitioner has

          remained in custody since 17.11.2025, 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 court below

          where the case is pending/successor court in connection

          Narhat P.S. Case No. 374 of 2025, subject to the following

          conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be the local resident.
Patna High Court CR. MISC. No.89676 of 2025(2) dt.07-01-2026
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                       (ii) The petitioner shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the

          petitioner will be liable to be cancelled by the court

          concerned.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at

          liberty to move for cancellation of his bail bond.

                       (v) The learned Court below shall verify the

          criminal antecedent of the petitioner and in case at any stage

          it is found that the petitioner has concealed his criminal

          antecedent, the court below shall take step for cancellation

          of bail bond of the petitioner. However, the acceptance of

          bail bonds in terms of the above-mentioned order shall not

          be delayed for purpose of or in the name of verification.

                       (vi) In view of the antecedents of the petitioner,

          the     petitioner       is    directed       to     appear   before   the

          Superintendent of Police, Nawada within fifteen days of his

          release with a copy of this order and every two weeks

          thereafter for the next nine months. The conduct of the
               Patna High Court CR. MISC. No.89676 of 2025(2) dt.07-01-2026
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                         petitioner will be kept under watch in this period by the

                         Superintendent of Police concerned and if it is found

                         wanting in any respect, a report shall be made to the court

                         concerned by him to initiate a proceeding for cancellation

                         of bail for reasons of misuse of bail. After reporting to the

                         Superintendent of Police, a certificate will be filed by the

                         petitioner before the court concerned.

                                      8. The bail bond of the petitioner shall be accepted

                         by the learned Trial Court on showing receipt of deposit of

                         aforesaid amount with the Advocate Association, Patna

                         High Court.

                                      9. Accordingly, the prayer for bail is allowed.

                                      10. It is made clear that the observation, if any,

                         made in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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