Patna High Court
Ritik KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Ritik Kumar, applied for anticipatory bail in connection with a case (Sitamarhi PS Case No. 844/2025) alleging violation of Section 30(a) of the Bihar Prohibition of Excise Act for the recovery of 7.5 litres of Nepali Saufi from a motorcycle. He contended that he was not named in the FIR, that the motorcycle belonged to his deceased brother, and that the bag containing the liquor was placed by his father, making him not complicit. The State argued that the petitioner was an accused named in the FIR and therefore could not escape liability. The court examined the material, noting the petitioner’s absence from the scene, lack of possession of the contraband, and the speculative nature of the allegations. Considering these facts, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to a person named as an accused in an FIR under Section 30(a) of the Bihar Prohibition of Excise Act.
- Whether the petitioner’s lack of ownership of the motorcycle and non‑presence at the place of occurrence preclude liability.
- Whether the mere suspicion reflected in the FIR suffices to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- Bihar Prohibition of Excise Act
- FIR
- suspicions
- motorcycle seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9219 of 2026
Arising Out of PS. Case No.-844 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Ritik Kumar S/O Surendra Chaudhary Resident of Mohalla - Murliyachak
(Chak Mahila), P.S. and Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Sitamarhi P.S. Case No. 844/2025 registered for
the offences punishable under Section 30(a) of the Bihar
Prohibition of Excise Act.
3. As per prosecution case, there is alleged
recovery of 7.500 liters Nepali Saufi from a motorcycle in
question.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner is not named in the FIR; rather, the
son of Surendra Chaudhary has been named therein. He further
submits that said motorcycle was parked near the house of the
Patna High Court CR. MISC. No.9219 of 2026(2) dt.19-02-2026
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father of the petitioner and someone kept the bag (jhola) in the
handle of the said motorcycle and hence, the petitioner cannot
be held laiable for the alleged recovery. He further submits that
the name of the petitioner has been surfaced in this case on the
basis of suspicion. Except suspension, there is nothing on record
to demonstrate the complicity of the petitioner with the alleged
occurrence. The petitioner is not the owner of the said
motorcycle, rather, the same stands registered in the name of his
brother, who passed away in the year 2023. He further submits
that the petitioner is not residing in the Mohalla in question,
rather, he is working at a shop in Sitamarhi. The petitioner bears
one criminal antecedent in which he is on bail. The petitioner
was not found at the place of occurrence. No incriminating
article has been recovered from the possession of the petitioner.
In the light of the aforesaid facts and circumstances of the case,
no case is made out against the petitioner under the provision of
Bihar Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioner and submitted that
the petitioner is FIR named accused and hence, he cannot
escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
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case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of learned
Exclusive Special Judge Excise Court No.-II, Sitamarhi in
connection with Sitamarhi P.S. Case No. 844/2025, subject to
the conditions as laid down under Section 482 (2) of the
B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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