Patna High Court
Ritesh Kumar Patel @ Ritesh PatelversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to specified bond and surety conditions.
Summary
The petitioner, Ritesh Kumar Patel, applied for anticipatory bail after the police recovered 34.6 litres of illicit country-made liquor and a motorcycle allegedly supplied by him in a case under Section 30(a) of the Bihar Prohibition & Excise Act. The prosecution alleged that the petitioner facilitated the transport of the liquor to a location near Kali Mandir, while the petitioner denied any involvement, claiming he was not present at the scene and that no incriminating material was found in his possession. He also highlighted his clean criminal record and willingness to cooperate with the investigation. The State opposed the bail, arguing that the allegations warranted detention. The court, after considering the facts, the petitioner's clean antecedent, and the submissions of counsel, ordered that the petitioner be released on anticipatory bail if he surrenders within six weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the alleged participation of the petitioner in the transportation of illicit liquor justifies denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- Bharatiya Nagrik Suraksha Sanhita
- illicit liquor
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24280 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- KOCHAS District- Rohtas
======================================================
Ritesh Kumar Patel @ Ritesh Patel S/O Ram Parvesh Singh Resident of
Mohalla- Ward No. 5 Gandhi Nagar, P.S Kochas, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kochas P.S. Case No. 51 of 2026, instituted under Section
30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, on getting secret
information regarding transportation of illicit liquor, police party
reached at the marked place and recovered 34.6 litres country
made liquor from a motorcycle on which two persons were
riding who were apprehended by the police. They disclosed that
the alleged motorcycle and liquor was supplied by the petitioner
to deliver the same to a person near Kali Mandir in the way of
village Barhari.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.24280 of 2026(2) dt.17-04-2026
2/2
case on the basis of disclosure of apprehended co-accused
persons. Petitioner has no concern either with the seized liquor
or with the motorcycle. He was not present on the spot. Nothing
incriminating has been recovered from the conscious possession
of the petitioner. Petitioner has no criminal antecedent.
Petitioner undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner 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 learned Exclusive Special Judge,
Excise-II, Sasaram, Rohtas in connection with Kochas P.S. Case
No. 51 of 2026, subject to the conditions laid down in Section
482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.),
2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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