Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
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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.
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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
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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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