Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81288 of 2024 Arising Out of PS. Case No.-253 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Ritik kumar S/o Sudhir Prasad Singh R/o vill - Desua, ward no. 9, P.S. - Ujiarpur, distt.- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Mr. Arvind Kumar Pandey, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sadar Excise P.S. Case no. 253 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2018.

3. The case of the prosecution is that from the house of petitioner, 18 liters of foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has been submitted by the learned counsel for the petitioner that the house from where the seizure was made does

Patna High Court CR. MISC. No.81288 of 2024(2) dt.05-12-2024 2/2 not belong to him and seizure was not done before him. From perusal of the seizure list, it also transpires that the members of raiding party are the witnesses. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sadar Excise P.S. Case no. 253 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (Excise)-02, Samastipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Suruchi/- U T