Patna High Court
Ritesh Kumar @ Ritesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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