Sharvan Kumar @ Sarvan Kumar @ Shravan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32119 of 2025 Arising Out of PS. Case No.-162 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== Sharvan Kumar @ Sarvan Kumar @ Shravan Kumar, aged about 26 years, Male, S/O Ram Prit Ray @ Rampreet Ray, R/O Village- Dadpur Chaknoor, Ward No. 6, PS- Samastipur Muffasil, District- Samstipur, Bihar ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Madhav Kumar, Advocate For the Opposite Party :
Mr. Umanath Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Chakmehsi P.S. Case No. 162 of 2022 dated 12.09.2022 registered for the offences punishable under Sections 468, 471, 420, 414 read with Section 34 of the I.P.C. and Sections 30(a), 32, 36 and 41 of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, total 2791.44 litres of foreign liquor was recovered from the Truck. Police arrested Shyam Kumar Singh and Ajit Kumar who disclosed the name of the petitioner and other co-accused persons.
Patna High Court CR. MISC. No.32119 of 2025(2) dt.03-07-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the possession of the petitioner. The name of the petitioner has come in the present case on the basis of the confessional statement of the apprehended co-accused person Rajesh Kumar which has got no evidentiary value in the eyes of law. The petitioner is neither the owner nor the driver of the seized truck and he has also no connection with the alleged seized liquor. There is no statutory compliance of Section 103 of the B.N.S.S., 2023. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 10.02.2025.
5. Learned A.P.P. for the State has vehementlyopposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)-1, Samastipur, Bihar, in connection with Chakmehsi
Patna High Court CR. MISC. No.32119 of 2025(2) dt.03-07-2025 3/3 P.S. Case No. 162 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T