Patna High Court
Ritik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Ritik Kumar applied for anticipatory bail after learning that he may be arrested in a case (Shikarpur PS Case No. 476 of 2026) involving the seizure of 333.5 litres of foreign liquor under the Bihar Prohibition and Excise Act. The prosecution alleged his involvement, while the petitioner claimed innocence, stating that his name appeared only in a co‑accused's confessional statement and that he has a clean record. The State opposed the bail, but the High Court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to deposit Rs 25,000 with a charitable institution. The bail is conditioned on compliance with Section 438(2) of the CrPC, Section 482 of the BNSS, and regular attendance at the police station on two Sundays each month. Failure to comply would result in cancellation of the bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the conditions imposed under Section 438(2) CrPC and Section 482 BNSS are appropriate
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482
- Bihar Prohibition and Excise Act — s. 30(a), 32(2), 36, 41(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- Criminal Procedure Code
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37162 of 2026
Arising Out of PS. Case No.-476 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
Ritik Kumar S/O Anup Kumar R/O Ajuwa Sugauli, P.S- Shikarpur, Distt.-
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash, Advocate
For the Opposite Party/s : Ms.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Shikarpur P.S. Case No. 476 of 2026 registered
for the offence under Sections 30(a), 32(2), 36, 41(1) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
total 333.5 litres of foreign made liquor from a tractor.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the name
of the petitioner has surfaced in the confessional statement of
the co-accused, who has stated that the liquor was intended to be
supplied to the petitioner. Petitioner has clean antecedent.
Patna High Court CR. MISC. No.37162 of 2026(2) dt.15-06-2026
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5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 Exclusive
Special Judge, Excise Court-II Bettiah, West Champaran/
concerned Court below in connection with Shikarpur P.S. Case
No. 476 of 2026, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Patna High Court CR. MISC. No.37162 of 2026(2) dt.15-06-2026
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Shikarpur Police Station, District- West Champaran on any two
Sundays of every month. Any default in appearance at the
Police Station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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