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Patna High Court - Orders

Ritik Kumar vs The State Of Bihar on 23 July, 2025

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.47326 of 2025
                        Arising Out of PS. Case No.-92 Year-2025 Thana- CHANDI District- Bhojpur
                 ======================================================
           1.     Ritik Kumar S/o Ramesh Kumar Yadav @ Ramesh Kumar Singh Resident
                  of Village- Rampur, P.S.- Chandi, District- Bhojpur,
           2.    Mulayam Singh S/o Late Nathu Singh R/o vill - Cheta Tola, P.S. - Sandesh,
                 Distt.- Bhojpur
           3.     Santosh Kumar S/o Bechu Nath Resident of Village- Maldaha, Police
                  Station- Shivsagar, District- Rohtas
                                                                       ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-07-2025

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Chandi PS Case No. 92 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 878.400 litres of foreign liquor was recovered from Scorpio bearing Registration No. BR25P-6300 and Mahindra XUV bearing Registration No. WB02AC-0809.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from Patna High Court CR. MISC. No.47326 of 2025(2) dt.23-07-2025 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that seized vehicles do not belong to the petitioners. The petitioners are in custody since 05.06.2025. Petitioner no. 1 has two criminal antecedents, petitioner no. 2 has clean antecedent and petitioner no. 3 has one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chandi PS Case No. 92 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/-

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