Ritik Kumar ChaurasiyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20434 of 2026
                         Arising Out of PS. Case No.-88 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Ritik Kumar Chaurasiya Son of Bhirgunath Bhagat Resident of Village -
                 Aarya Nagar, Kataharibagh, P.S. - Town Chapra, Dist. - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. Shatrughna Pandey, Advocate
                 For the State             :         Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   26-03-2026                     Heard Mr. Shatrughna Pandey, learned counsel for

                   the petitioner and Mrs. Indu Kumari Srivastava, learned APP for

                   the State.

                                 2. Petitioner seeks bail, who is in custody since

                   09.05.2025, in connection with Sadar Excise P.S. Case No. 88 of

                   2025, F.I.R. dated 08.05.2025 registered for the offences

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

                   Prohibition & Excise Act, 2016.

                                 3. Recovery is of 56 litres of country made liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R. It appears from
Patna High Court CR. MISC. No.20434 of 2026(2) dt.26-03-2026
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          the F.I.R. as well as seizure list that nothing has been recovered

          from the conscious possession of the petitioner rather recovery

          has been made from the Toto in question and altogether 56 litres

          of    country made liquor was recovered from the Toto in

          question. He further submits that the petitioner is neither the

          owner nor the driver of the Toto in question and he has been

          falsely implicated in the present case and there is non-

          compliance of Sections 103 of BNSS, 2023. He further submits

          that the police after investigation submitted chargesheet against

          the petitioner and the petitioner is in custody since 09.05.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries one more case

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Section 103 of the BNSS, 2023, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
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                         each to the satisfaction of learned Concerned Court of the

                         Court below in connection with Sadar Excise P.S. Case No. 88

                         of 2025, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T