Ritesh Patel @ Mohit Patel Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ritesh Patel @ Mohit Patel Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each, to the satisfaction of the court of the learned Additional Sessions Judge-XIII-cum-Special Judge, Excise-I, Gopalganj, in connection with Bhore P.S. Case No.588 of 2025, with the condition that he shall not indulge himself in similar nature of offence in future.

Issue for consideration

Whether the petitioner, arraigned in Bhore P.S. Case No. 588 of 2025 under Sections 317(5) BNS and Section 30(a) of the Bihar Prohibition & Excise Act, is entitled to bail.

Court's answer

The Court enlarged the petitioner on bail subject to the condition that he shall not indulge himself in similar nature of offence in future.

Ratio / Principle

Bail to be furnished by bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the court of the learned Additional Sessions Judge-XIII-cum-Special Judge, Excise-I, Gopalganj, in connection with Bhore P.S. Case No.588 of 2025.

Detailed headnote1 paragraphs

Bail granted (oral order dated 23-04-2026): Ritesh Patel @ Mohit Patel, in judicial custody since 07.12.2025 with two criminal antecedents of similar nature, sought bail in Bhore P.S. Case No. 588 of 2025 (District Gopalganj), registered under Sections 317(5) BNS and Section 30(a) of the Bihar Prohibition & Excise Act after recovery of 225 litres of country-made liquor from an Alto car. Counsel for the petitioner submitted that the petitioner was neither the driver nor the owner of the vehicle, that nothing was recovered from his possession, that the seizure-list witnesses were police personnel and that Section 105 BNSS was not complied with during the seizure; the APP opposed the application. Considering the facts and circumstances, the High Court enlarged the petitioner on bail on a bond of Rs. 10,000/- with two sureties of the like amount each before the learned Additional Sessions Judge-XIII-cum-Special Judge, Excise-I, Gopalganj, conditioned on his not indulging in similar offences in future.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26908 of 2026

Arising Out of PS. Case No.-588 Year-2025 Thana- BHORE District- Gopalganj

======================================================

Ritesh Patel @ Mohit Patel S/o Rajesh Patel @ Rajesh Prasad R/o - Sakin Baidhjaitpura, P.S - Bhore, District - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj For the Opposite Party/s : Mr. Ramesh Chandra ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 23-04-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for bail in connection with Bhore P.S. Case No. 588 of 2025 registered for the offence punishable under Sections 317(5) of the BNS & Section 30(a) of the Bihar Prohibition & Excise Act.

The case of the prosecution, in short, is that from an Alto car altogether 225 litres of country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is neither the driver nor the owner of the said vehicle and nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure

Patna High Court CR. MISC. No.26908 of 2026(2) dt.23-04-2026 2/2

list are police personnel and police have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is having two criminal antecedent of similar natureand he is in judicial custody since 07.12.2025.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge himself in similar nature of offence in future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Additional Sessions Judge-XIII-cum-Special Judge, Excise-I, Gopalganj, in connection with Bhore P.S. Case No.588 of 2025.

(Ashok Kumar Pandey, J)

khushbu/-

U T