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Patna High Court

Ritesh Kumar @ Ritesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Ritesh Kumar, was arrested in connection with the recovery of 14.625 litres of illicit liquor from his residence and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his conscious possession, he had a clean antecedent, and he had been in custody since 16‑04‑2026 with a charge‑sheet already filed. The State opposed the bail application, contending the seriousness of the offence. The Court considered the nature of the accusation, the petitioner’s clean record, the period of custody, and the fact that a charge‑sheet had been filed, and decided to grant regular bail. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Excise Judge, Danapur.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, his antecedents, period of custody, and filing of charge‑sheet.

Legislation cited

Subjects

  • bail
  • regular bail
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • clean antecedent
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.29696 of 2026
                 Arising Out of PS. Case No.-14 Year-2026 Thana- Amhara P.S. (I.I.T.A. Bihta) District- Patna
                 ======================================================
                 Ritesh Kumar @ Ritesh Kumar Yadav S/O Surendra Yadav Resident of
                 Village- Amhara, P.S.- IIT Amhara, Dist.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :          Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner seeks regular bail in connection with IIT

                   Amhara P. S. Case No. 14 of 2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per prosecution case, 14.625 liter illicit liquor

                   was recovered from the house of this petitioner.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Petitioner has been made accused in this

                   case only on suspicion. Petitioner claims clean antecedent and is

                   in custody since 16.04.2026. Charge-sheet has already been
              Patna High Court CR. MISC. No.29696 of 2026(2) dt.13-05-2026
                                                          2/2




                        submitted.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent, period of custody and the fact that charge-sheet has

                        been submitted, this bail application is allowed. The petitioner,

                        above named, is directed to 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 Special

                        Excise Judge, Danapur in connection with IIT Amhara P. S.

                        Case No. 14 of 2026.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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