Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2945 of 2025 Arising Out of PS. Case No.-539 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== Shankar Yadav S/o Jaymangal Ray Resident of village - Narayanpur, P.S. - Saraiya, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Narpatganj PS Case No. 539 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 1941 litres of foreign liquor was recovered from Tank Lorry. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that apprehended co-accused persons disclosed the name of the petitioner. It is further submitted that petitioner is the driver of

Patna High Court CR. MISC. No.2945 of 2025(2) dt.27-01-2025 2/2 the seized vehicle and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 28.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Narpatganj PS Case No. 539 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T