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Patna High Court

Ritik KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as he has a clean antecedent and was not personally involved in the alleged offence.

Summary

The petitioner, Ritik Kumar, was arrested for allegedly possessing 69.84 litres of liquor recovered from an e‑rickshaw, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was merely the owner of the vehicle and had no knowledge of the passenger’s misuse, emphasizing his clean antecedent and that he had been in custody since 18‑10‑2025. The State opposed the bail application, arguing the seriousness of the offence. The Court, after considering the submissions, held that the petitioner’s lack of culpable participation and clean record warranted release on bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • section 30(a)
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33577 of 2026
                        Arising Out of PS. Case No.-774 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Ritik Kumar S/O Nandkishor Prasad @ Nandkishore Ji R/O Village-
                 Aryanagar Imamganj, P.S.- Chapra Town, Dist.- Saran at Chapra.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Renuka Ratnakar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 69.84 litres of liquor from an E-rickshaw.

                                4. Learned counsel for the petitioner submits that

                   petitioner came to be arrested on the ground that he is owner of

                   the seized vehicle. It is further submitted that no prudent person

                   would use his own vehicle for committing an occurrence and,

                   thus, would create evidence against himself and, hence, would

                   get implicated. It is next submitted that petitioner was

                   completely unaware that passenger would misuse the vehicle in
           Patna High Court CR. MISC. No.33577 of 2026(2) dt.15-05-2026
                                                       2/2




                     the manner as alleged who also fled from the spot. It is also

                     submitted that petitioner is in custody since 18.10.2025.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with Garkha

                     P.S. Case No. 774 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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