Ritik Raushan v. The State of Bihar
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail on furnishing
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 100
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Diwakar, Advocate Mr. Anish Chandra, APP ORAL ORDER 2 19-02-2024
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Ara Nawada P.S. Case No. 829 of 2023 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that total 60 litres of country-made liquor was recovered from the bag kept on motorcycle.
Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted Patna High Court CR. MISC. No.9054 of 2024(2) dt.19-02-2024 that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 25.11.2023 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case, no criminal antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Operative part
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ara Nawada P.S. Case No. 829 of 2023. Alok Verma/- U T (Rudra Prakash Mishra, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail on furnishing
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act — s. 30(a); Code of Criminal Procedure, 1973 — s. 100.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.