Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65005 of 2024 Arising Out of PS. Case No.-545 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Ritesh Kumar S/o Malu Sah Resident of New Karman Tola, P.S. - Ara Nawada, Distt. -Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Ara Nawada P.S. Case No.545 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of total 175 litre of illicit liquor from a tractor trailer bearing registration no.BR01GG-5930.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner rather the same was recovered from a tractor. It is

Patna High Court CR. MISC. No.65005 of 2024(2) dt.17-09-2024 2/2 further submitted that the petitioner is driver of the said tractor and he has no knowledge about the consignment of illicit liquor and has no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 24.07.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, in connection with Ara Nawada P.S. Case No.545 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court 1st, Bhojpur at Ara. (Ramesh Chand Malviya, J) S.Katyayan/- U T