Ritesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60839 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Ritesh Kumar Yadav Son of Mahanth Yadav R/V- Village Banahwa Tola, Police station- Jataha Bazar (Kinner Patti), District- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baijnath Sah, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 273 of 2024 dated 22.06.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution case, total 489.5 litres of illicit country made liquor was recovered from the Scooty (without no. plate) and Bolero out of which, 48.5 litres of said illicit liquor was recovered from the Scooty driven by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.60839 of 2024(2) dt.21-08-2024 2/2 this case. The recovery has been made from the vehicle which is accessible to anyone. He has also submitted that the petitioner is neither the owner nor the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the recovery of illicit liquor, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 273 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Guddu/- U T