Patna High Court
Ritesh Patel @ Mohit PatelversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with conditions, finding that the procedural lapse and circumstances justified release.
Summary
The petitioner, Ritesh Patel, was charged under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Act for the alleged possession of 225 litres of country‑made liquor seized from an Alto car. He contended that he was neither the driver nor the owner of the vehicle, that no liquor was recovered from his possession, and that the seizure was not conducted in accordance with Section 105 of the BNSS. The State opposed bail, citing the seriousness of the offence and the petitioner’s two prior similar convictions, noting that he had been in judicial custody since 7 December 2025. After hearing both sides, the court considered the procedural lapse claim and the petitioner’s antecedents, and decided to grant bail on condition that he not commit a similar offence in the future. The bail was ordered on a bond of Rs 10,000 with two sureties of the same amount, to be satisfied before the Additional Sessions Judge‑XIII‑cum‑Special Judge, Excise‑I, Gopalganj.
Issues considered
- Whether bail should be granted to the petitioner despite prior similar convictions and the nature of the offence under the Bihar Narcotic Substances Act and Bihar Prohibition & Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure of the liquor warrants bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 317(5)
Subjects
- bail
- excise
- seizure
- procedural compliance
- prior criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Prohibition & Excise Act
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26908 of 2026
Arising Out of PS. Case No.-588 Year-2025 Thana- BHORE District- Gopalganj
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Ritesh Patel @ Mohit Patel S/o Rajesh Patel @ Rajesh Prasad R/o - Sakin
Baidhjaitpura, P.S - Bhore, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhore P.S. Case No. 588 of 2025 registered for the offence
punishable under Sections 317(5) of the BNS & Section 30(a)
of the Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from
an Alto car altogether 225 litres of country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is neither the driver nor
the owner of the said vehicle and nothing has been recovered
from the possession of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
Patna High Court CR. MISC. No.26908 of 2026(2) dt.23-04-2026
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list are police personnel and police have not complied Section
105 of the BNSS while making seizure. Learned counsel for the
petitioner has further submitted that the petitioner is having two
criminal antecedent of similar natureand he is in judicial
custody since 07.12.2025.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not indulge himself in similar nature
of offence in future. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to
the satisfaction of the court of learned Additional Sessions
Judge-XIII-cum-Special Judge, Excise-I, Gopalganj, in
connection with Bhore P.S. Case No.588 of 2025.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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