Ritik Kumar Yadav @ Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7391 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== 1.

RITIK KUMAR YADAV @ RITIK KUMAR SON OF DILIP YADAV R/OBHOJ PANDAUL, P.S.-BISFI, DISTT.-MADHUBANI 2.

INDRAJEET MANDAL SON OF TUNTUN MANDAL R/O-BHOJ PANDAUL, P.S.-BISFI, DISTT.-MADHUBANI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Rahika P.S. Case No.243 of 2023 registered for the offence under Sections 272, 273, 414, 469, 468, 471, 420 and 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per prosecution story, there is recovery of 203.76 litres of illicit liquor from motorcycle and Scorpio vehicle of the petitioner.

Patna High Court CR. MISC. No.7391 of 2024(2) dt.12-02-2024 2/3 4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case on the basis of mere suspicion. It has further been submitted that nothing has been recovered from the conscious physical possession of the petitioners. It is further submitted that the petitioners have no concerned with the vehicles from where alleged recovery of illicit liquor were made. It is further submitted that the petitioners are men of clean antecedent and they are in custody since 07.11.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and as alleged recovery of illicit liquor has not been made from the conscious physical possession of these petitioners, let the both the petitioners, above named, are directed to be released on bail after framing of the charge in connection with Rahika P.S. Case No.243 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani. 7.

However, the trial court is directed to conclude the proceeding of framing of the charge according to

Patna High Court CR. MISC. No.7391 of 2024(2) dt.12-02-2024 3/3 law within a period of 15 days from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) S.Katyayan/- U T