Patna High Court
Ritik TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted bail to the petitioners subject to monetary bond, sureties, and verification of criminal antecedents.
Summary
Ritik and Dablu Tiwari sought bail after being implicated in a case alleging contravention of Section 132 of the Bihar Narcotic Substances Act and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act for allegedly transporting 60 litres of country-made liquor. The police narrative, based on an informant’s report and a local chowkidar’s identification, claimed the brothers assisted a co‑accused, Prince Kumar, in fleeing the scene. The petitioners contended they were not present at the location, did not own the seized motorcycle, and no liquor was recovered from their possession or homes. The State opposed bail, citing Ritik’s prior similar offence. The High Court, after noting the lack of direct possession and the identification solely by the chowkidar, granted bail subject to a Rs 10,000 bond per petitioner, two sureties, and a condition that the Special Judge verify any concealed criminal antecedents, with the possibility of cancellation.
Issues considered
- Whether anticipatory/bail should be granted to the petitioners despite identification by a chowkidar and a prior criminal antecedent.
- Whether the lack of direct possession of the seized liquor and motorcycle negates the basis for continued detention.
Legislation cited
- Bihar Narcotic Substances Act — s. 132, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 45
Subjects
- anticipatory bail
- bail
- identification by witness
- liquor smuggling
- criminal antecedent
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35756 of 2026
Arising Out of PS. Case No.-482 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Ritik Tiwari S/o Ramakant Tiwari @ Badababu Tiwari R/o Village - Tiwari
Tola, P.S. - Sangrampur, District - East Champaran.
2. Dablu Tiwari S/o Ramakant Tiwari @ Rabdababu Tiwari R/o Village -
Tiwari Tola, P.S. - Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Tripti Singh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 26-05-2026 Heard the learned counsel for the petitioners and
the learned APP for the State.
2. The petitioners apprehends their arrest in
connection with Sangrampur P.S. Case No. 482 of 2025, for
allegedly having committed offence under Section 132 of the
BNS and Sections 30(a) and 45 of Bihar Prohibition and Excise
Act.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 13.12.2025 at about 06:00 A.M., the
informant along with police party left for patrolling duty. At
around 13:15 hours, he received an information that two
Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026
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persons, riding a bullet motorcycle are going to Areraj with
liquor. After giving due information to the senior officials and to
verify the authenticity of the information received by him, the
informant reached near the place of occurrence. As soon as, he
reached Ghusiyar Tiwari Tola along with the local Chowkidar,
he saw two persons riding a bullet motorcycle, coming from the
East side, carrying some goods in a plastic sack. The informant
tried to stop them but, both the persons started fleeing away,
after leaving the motorcycle and the plastic sack loaded on it.
One person, who was driving the motorcycle, was caught with
the help of the police party and the other person was caught by
the chowkidar. However, two persons started fighting with the
chowkidar near the truck being emptied and he left the arrested
person and ran towards the chowkidar. In the meantime, taking
advantage of the situation, one of the persons fled away. In
presence of witnesses, the plastic bag was opened and searched.
Upon search, total 60 liters of country made liquor was
recovered, which was loaded on the bullet motorcycle and a
formal seizure list was prepared. The person, who was arrested,
disclosed his name as Mehboob Alam and he disclosed the name
of the person, who fled away as Prince Kumar. The local
chowkidar identified the persons, who helped in fleeing away of
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Prince Kumar as Ritik Tiwari and Dablu Tiwari. A raid was
conducted in the house of Ritik Tiwari and Dablu Tiwari,
however both could not be found at their respective homes.
4. The learned counsel for the petitioners submits that
the petitioners are innocent and have not committed any
offence. They have been falsely implicated in the present case,
on the basis of the statement given by the local chowkidar. The
learned counsel for the petitioners submits that seized bullet
motorcycle does not belong to the petitioners and they were not
even present at the place of occurrence. Nothing has been
recovered from their possession. Even on the raid conducted by
the police, nothing was recovered from their respective homes.
He further submits that the total recovery of 60 liters of country
made liquor was from the motorcycle, which does not belongs
to the petitioners and they have got no concern with the seized
liquor. The learned counsel for the petitioners submits that the
petitioner no. 1 has got one criminal antecedent bearing
Sangrampur PS Case No. 227 of 2024, under section 30(a) of
the Excise Act, in which he has been granted bail. He further
submits that although the statement has not been made in the
anticipatory bail petition with respect to the criminal antecedent
of the petitioner no. 2, but as per his instruction, the petitioner
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No. 2 has got a clean antecedent.
5. Per contra, the learned APP for the State
vehemently opposes the prayer for bail of the petitioners and
submits that the petitioner No.1 has got one antecedent of
similar nature and there is every probability that if he will be
granted the privilege of anticipatory bail, he will again indulge
in the same activity.
6. Having considered the rival submissions and after
going through the records it appears that the petitioners were not
present at the place of occurrence, however they have been
named as the persons, who helped the co-accused Prince Kumar
in fleeing away from there and was identified by the local
Chowkidar. 60 liters of country made liquor was recovered from
the motorcycle, which does not belong to the petitioners,
petitioner no.1 has got one antecedent. Considering the facts and
circumstances of the case, let the petitioners, above named, in
the event of arrest or surrender within a period of six weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise Court No. I,
East Champaran at Motihari in connection with Sangrampur P.S.
Case No. 482 of 2025, subject to the conditions as laid down
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under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioners and in case at any stage, it
is found that the petitioners have concealed their criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
Ajay/Kunal-
U T
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