Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 59297 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== RITESH KUMAR S/o Bhushan Patel R/o village- Shivganj, Ward No. 7, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the State :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 74 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of huge quantity of illicit liquor from the Sugauli Government High School where the illicit liquor was kept in the newly constructed building as also from an Alto car. Upon disclosure made by the accused persons apprehended by the police, it has transpired that the petitioner is also one of the person, who keeps illicit liquor in his shop and sells the same.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No. 59297 of 2019(2) dt.01-10-2019 2/2 neither any recovery has been made from the shop of the petitioner nor from the possession of the petitioner and merely, his name has transpired upon statement made by the co-accused persons, who were arrested by the police. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 5.7.2019.

Per contra, Mr. Ashok Kumar, the learned APP for the State has submitted that huge quantity of illicit liquor has been recovered, hence, the petitioner should not be granted bail. Considering the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 74 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T