Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24780 of 2023 Arising Out of PS. Case No.-710 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== RITESH KUMAR, aged about 20 years, Son of Hari Bhajan Ray, R/VBangari, PS- Kanti, O.P Panapur, dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kanti (Panapur O.P.) P.S. Case No. 710 of 2019 dated 20.09.2019 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 1727.680 litres of foreign liquor and the same is stated to have been recovered from a truck but the petitioner was not arrested at the spot and his name as well as name of coaccused Manish Kumar was disclosed by the people who gathered at the place of recovery and the said source of information regarding the identity of the petitioner is completely unbelievable, petitioner has criminal antecedent of one case and one co-accused, namely, Shivjee Sahni has been

Patna High Court CR. MISC. No.24780 of 2023(2) dt.15-05-2023 2/2 granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.56241 of 2022 and one similarly situated co-accused Manish Kumar has been granted anticipatory bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.172 of 2020. Further submissions are that the petitioner is neither owner nor driver of the alleged truck and against him, the investigation has been completed and he has been languishing in jail since 09.03.2023.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the completion of investigation against the petitioner, his young age, as disclosed in the petition, and the privilege of bail having been granted to two co-accused persons, as mentioned-above, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner be released on bail in connection with Kanti (Panapur O.P.) P.S. Case No. 710 of 2019 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T