Patna High Court
Ritesh Kumar Sah @ Ritesh@Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail is warranted as there is no prima facie evidence of the petitioner's conscious possession and he possesses a clean antecedent.
Summary
The petitioner, Ritesh Kumar Sah, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2022 (Amended), after 125 litres of liquor were recovered from a tanker. He contended that the motorcycle used to transport the liquor was registered in his name but had been given to a neighbour by his mother without his knowledge, and he asserted a clean antecedent. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined whether there was prima facie evidence of the petitioner's conscious possession of the liquor and considered his clean antecedent. Finding that the recovery did not establish his direct possession, the court directed that he be released on anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made with the condition that the petitioner surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under the Bihar Prohibition and Excise Act.
- Whether the recovery of illicit liquor establishes a prima facie case of conscious possession against the petitioner.
- Whether the petitioner's clean antecedent and lack of knowledge of the vehicle's use warrant bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 (Amended) — s. 30(a), 45
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- motor vehicle misuse
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40101 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- TERHAGACHH District- Kishanganj
======================================================
Ritesh Kumar Sah @ Ritesh @ Ritesh Kumar, S/o- Hari Prasad Sah, R/o
Village-Chahatpur Ward No 07, P.S - Palasi Distt.- Araria,State- Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Jha, Advocate
Mr. K. Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Tedhagachh P.S.
Case No.72 of 2026 registered under Sections 30(a), 45 of
Bihar Prohibition and Excise Act, 2022 (Amended).
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 125 liters of IMFL/country-made liquor from
tanker.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.40101 of 2026(2) dt.22-06-2026
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the petitioner that the motorcycle in issue which is alleged to
be involved in carrying illicit liquor was registered in the
name of this petitioner which was given to the neighbor of
the petitioner by his mother, while he was not at home,
which without knowledge of this petitioner was misused for
carrying illicit liquor. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious physical possession
of this petitioner, who is a man of clean antecedent,
accordingly, the petitioner, above-named, in the event of his
arrest or surrender in the court below within a period of four
weeks from today, is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge (Excise-II),
Kishanganj, in connection with Tedhagachh P.S. Case No.72
of 2026, subject to the conditions as laid down under
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Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
aniket/- (Chandra Shekhar Jha, J)
U T
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