Sarwan Kumar Thakur @ Shrawan Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32135 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Sarwan Kumar Thakur @ Shrawan Kumar Thakur S/o Mahendra Thakur R/o Village- Lakhna, Majgawan, P.S.- Kasba, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sah For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list, would go to show that 53.400 liters of foreign liquor is said to have been recovered from an I 20 car bearing Registration No. BR 11Z-1709.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the said car had met with an accident and the name of the petitioner has surfaced on account of the fact that he is the registered owner of the said case. It has also been submitted that the FIR

Patna High Court CR. MISC. No.32135 of 2025(3) dt.23-06-2025 2/2 has been registered against unknown. Further, the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. The petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jokihat P.S. Case No. 46 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T