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80L Illicit Liquor recovery from Scooter: Patna HC Grants Bail to owner

Case Law Details

TaxGuru Citation
2025 taxguru.in 7691
Case Name
Ritik Kumar Vs State of Bihar (Patna High Court)
Date of Judgement/Order
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Ritik Kumar Vs State of Bihar (Patna High Court)

The Patna High Court has granted anticipatory bail to Ritik Kumar, the registered owner of a scooter from which 80 liters of illicit liquor were seized. The petitioner was facing charges under Sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act in connection with Bihta P.S. Case No. 186 of 2024.

The prosecution’s case was based on the fact that the petitioner’s scooter, bearing Registration No. BR-01-FY-7379, was found with the illicit liquor and was being driven by a co-accused who was apprehended on the spot. The petitioner, however, argued that he was not present during the incident and was working in Gujarat since 2023. He claimed that his co-accused, who were friends, had taken the scooter from his mother without her knowledge of its misuse.

The court considered the petitioner’s arguments, noting that no incriminating material was recovered from his direct possession and that he had no criminal history. The court also took into account the petitioner’s undertaking to cooperate with the investigation and trial. Based on these factors, the Patna High Court granted anticipatory bail, directing that Ritik Kumar be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount. The bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,505

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