Ritik Tiwari vs The State Of Bihar on 26 May, 2026

    0
    18
    ADVERTISEMENT

    Patna High Court – Orders

    Ritik Tiwari vs The State Of Bihar on 26 May, 2026

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.35756 of 2026
                         Arising Out of PS. Case No.-482 Year-2025 Thana- SANGRAMPUR District- East
                                                           Champaran
                     ======================================================
               1.     Ritik Tiwari S/o Ramakant Tiwari @ Badababu Tiwari R/o Village - Tiwari
                      Tola, P.S. - Sangrampur, District - East Champaran.
               2.    Dablu Tiwari S/o Ramakant Tiwari @ Rabdababu Tiwari R/o Village -
                     Tiwari Tola, P.S. - Sangrampur, District - East Champaran.
    
                                                                                     ... ... Petitioner/s
                                                          Versus
                     The State of Bihar
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Ms. Tripti Singh, Advocate
                     For the Opposite Party/s :      Mr. Lakshmi Kant Sharma, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                           ORAL ORDER
    
    2   26-05-2026

    Heard the learned counsel for the petitioners and

    the learned APP for the State.

    SPONSORED

    2. The petitioners apprehends their arrest in

    connection with Sangrampur P.S. Case No. 482 of 2025, for

    allegedly having committed offence under Section 132 of the

    BNS and Sections 30(a) and 45 of Bihar Prohibition and Excise

    Act.

    3. As per the prosecution story, which has been lodged

    on the basis of the written report submitted by the informant to

    the effect that on 13.12.2025 at about 06:00 A.M., the

    informant along with police party left for patrolling duty. At

    around 13:15 hours, he received an information that two
    Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026
    2/5

    persons, riding a bullet motorcycle are going to Areraj with

    liquor. After giving due information to the senior officials and to

    verify the authenticity of the information received by him, the

    informant reached near the place of occurrence. As soon as, he

    reached Ghusiyar Tiwari Tola along with the local Chowkidar,

    he saw two persons riding a bullet motorcycle, coming from the

    East side, carrying some goods in a plastic sack. The informant

    tried to stop them but, both the persons started fleeing away,

    after leaving the motorcycle and the plastic sack loaded on it.

    One person, who was driving the motorcycle, was caught with

    the help of the police party and the other person was caught by

    the chowkidar. However, two persons started fighting with the

    chowkidar near the truck being emptied and he left the arrested

    person and ran towards the chowkidar. In the meantime, taking

    advantage of the situation, one of the persons fled away. In

    presence of witnesses, the plastic bag was opened and searched.

    Upon search, total 60 liters of country made liquor was

    recovered, which was loaded on the bullet motorcycle and a

    formal seizure list was prepared. The person, who was arrested,

    disclosed his name as Mehboob Alam and he disclosed the name

    of the person, who fled away as Prince Kumar. The local

    chowkidar identified the persons, who helped in fleeing away of
    Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026
    3/5

    Prince Kumar as Ritik Tiwari and Dablu Tiwari. A raid was

    conducted in the house of Ritik Tiwari and Dablu Tiwari,

    however both could not be found at their respective homes.

    4. The learned counsel for the petitioners submits that

    the petitioners are innocent and have not committed any

    offence. They have been falsely implicated in the present case,

    on the basis of the statement given by the local chowkidar. The

    learned counsel for the petitioners submits that seized bullet

    motorcycle does not belong to the petitioners and they were not

    even present at the place of occurrence. Nothing has been

    recovered from their possession. Even on the raid conducted by

    the police, nothing was recovered from their respective homes.

    He further submits that the total recovery of 60 liters of country

    made liquor was from the motorcycle, which does not belongs

    to the petitioners and they have got no concern with the seized

    liquor. The learned counsel for the petitioners submits that the

    petitioner no. 1 has got one criminal antecedent bearing

    Sangrampur PS Case No. 227 of 2024, under section 30(a) of

    the Excise Act, in which he has been granted bail. He further

    submits that although the statement has not been made in the

    anticipatory bail petition with respect to the criminal antecedent

    of the petitioner no. 2, but as per his instruction, the petitioner
    Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026
    4/5

    No. 2 has got a clean antecedent.

    5. Per contra, the learned APP for the State

    vehemently opposes the prayer for bail of the petitioners and

    submits that the petitioner No.1 has got one antecedent of

    similar nature and there is every probability that if he will be

    granted the privilege of anticipatory bail, he will again indulge

    in the same activity.

    6. Having considered the rival submissions and after

    going through the records it appears that the petitioners were not

    present at the place of occurrence, however they have been

    named as the persons, who helped the co-accused Prince Kumar

    in fleeing away from there and was identified by the local

    Chowkidar. 60 liters of country made liquor was recovered from

    the motorcycle, which does not belong to the petitioners,

    petitioner no.1 has got one antecedent. Considering the facts and

    circumstances of the case, let the petitioners, above named, in

    the event of arrest or surrender within a period of six weeks, be

    released on bail on furnishing bail bond of Rs. 10,000/- (Ten

    Thousand) each with two sureties of the like amount each to the

    satisfaction of the learned Special Judge, Excise Court No. I,

    East Champaran at Motihari in connection with Sangrampur P.S.

    Case No. 482 of 2025, subject to the conditions as laid down
    Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026
    5/5

    under Section 482(2) of the B.N.S.S., with further condition:

    (1) The learned Court concerned shall verify the

    criminal antecedent of the petitioners and in case at any stage, it

    is found that the petitioners have concealed their criminal

    antecedents, the court concerned shall take steps for cancellation

    of bail bond of the petitioners. However, the acceptance of bail

    bonds in terms of the above-mentioned order shall not be

    delayed for purpose of or in the name of verification.

    (Ritesh Kumar, J)
    Ajay/Kunal-

    U      T
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here