Patna High CourtCR. MISC./10877/2024bail granted

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

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10877 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Ritik Kumar @ Ritik Kumar Singh Son of Rakesh Singh Resident of VillageJadopur Shukul, P.S.- Jadopur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jadopur P.S. Case No. 115 of 2023 instituted for the offences under Sections 30(a), 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the police has recovered 1230.400 liters of country made liquor from a boat.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on suspicion. The petitioner is not named in the F.I.R. and his name has surfaced in this case

Patna High Court CR. MISC. No.10877 of 2024(2) dt.22-02-2024 2/3 during investigation. The petitioner has no concern with the alleged recovery of liquor or the seized boat. The petitioner is not the owner of the seized boat. The petitioner was not arrested on the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as has been stated in paragraph no.3 of the present bail application but, in both of them, he is on bail. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 06.01.2024.

5. Learned counsel for the petitioner again points out that the co-accused Mukesh Kumar Yadav @ Mukesh Yadav has been granted bail by a Co-ordinate Bench of this Court vide order dated 10.10.2023 passed in Cr. Misc. No. 63377 of 2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of

Patna High Court CR. MISC. No.10877 of 2024(2) dt.22-02-2024 3/3 the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jadopur P.S. Case No. 115 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T