Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27160 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.
Ritesh kumar son of Vikramaditya Singh Village -Boulipur Ps -Jagdishpur Dist- Bhojpur at Ara 2.
Nitish Kumar son of Vikramaditya Singh Village -Boulipur Ps -Jagdishpur Dist- Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tejpratap Singh For the Opposite Party/s :
Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 257.625 litres of liquor from a forest area and tupewell room of Kamlesh Kumar and Kamal was apprehended. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not
Patna High Court CR. MISC. No.27160 of 2025(2) dt.06-05-2025 2/3 belong to the petitioners and they came to be implicated based on confessional statement of the apprehended accused in police custody, which does not have any evidentiary value, when petitioners admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jagdishpur P.S. Case No.82/2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of even one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.27160 of 2025(2) dt.06-05-2025 3/3 confirmed but if on verification it is found that petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T