Ritik Kumar Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20434 of 2026 Arising Out of PS. Case No.-88 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Ritik Kumar Chaurasiya Son of Bhirgunath Bhagat Resident of Village - Aarya Nagar, Kataharibagh, P.S. - Town Chapra, Dist. - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shatrughna Pandey, Advocate For the State :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-03-2026 Heard Mr. Shatrughna Pandey, learned counsel for the petitioner and Mrs. Indu Kumari Srivastava, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.05.2025, in connection with Sadar Excise P.S. Case No. 88 of 2025, F.I.R. dated 08.05.2025 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016.

3. Recovery is of 56 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. It appears from

Patna High Court CR. MISC. No.20434 of 2026(2) dt.26-03-2026 2/3 the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the Toto in question and altogether 56 litres of country made liquor was recovered from the Toto in question. He further submits that the petitioner is neither the owner nor the driver of the Toto in question and he has been falsely implicated in the present case and there is noncompliance of Sections 103 of BNSS, 2023. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.05.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Section 103 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.20434 of 2026(2) dt.26-03-2026 3/3 each to the satisfaction of learned Concerned Court of the Court below in connection with Sadar Excise P.S. Case No. 88 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T