← Library
Patna High CourtCR. MISC./54905/2025allowed

Ritik Kumar v. The State Of Bihar

2025-08-28Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54905 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- BIHTA District- Patna ====================================================== Ritik Kumar S/o Raj Kumar Gupta, Resident of Village- Alhanpura, P.SBihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bihta P.S. Case No.186 of 2024 instituted under Sections 30(a) & 37(b)(c) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 80 liter illicit country made liquor from the scooter bearing Registration No. BR-01-FY-7379 which was driven by coaccused who were apprehended with the said scooter on spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the registered owner of the seized scooter. He further submits that petitioner is working in the State of Gujarat since 2023. Learned counsel submits that the co-accused persons being the friend of the petitioner have taken the said scooter

Patna High Court CR. MISC. No.54905 of 2025(2) dt.28-08-2025 2/2 from his mother and she had no knowledge about the misuse of the scooter by the said accused persons. He further submits that petitioner was not present on the spot and no incriminating material has been recovered from his conscious possession. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur in connection with Bihta P.S. Case No.186 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T