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Patna High CourtCR. MISC./26908/2026allowed

Ritesh Patel @ Mohit Patel v. The State Of Bihar

2026-04-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26908 of 2026 Arising Out of PS. Case No.-588 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Ritesh Patel @ Mohit Patel S/o Rajesh Patel @ Rajesh Prasad R/o - Sakin Baidhjaitpura, P.S - Bhore, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bhore P.S. Case No. 588 of 2025 registered for the offence punishable under Sections 317(5) of the BNS & Section 30(a) of the Bihar Prohibition & Excise Act.

3. The case of the prosecution, in short, is that from an Alto car altogether 225 litres of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is neither the driver nor the owner of the said vehicle and nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure

Patna High Court CR. MISC. No.26908 of 2026(2) dt.23-04-2026 2/2 list are police personnel and police have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is having two criminal antecedent of similar natureand he is in judicial custody since 07.12.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge himself in similar nature of offence in future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Additional Sessions Judge-XIII-cum-Special Judge, Excise-I, Gopalganj, in connection with Bhore P.S. Case No.588 of 2025. (Ashok Kumar Pandey, J) khushbu/- U T