Sharvan Kumar Yadav @ Sarvan Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38281 of 2025 Arising Out of PS. Case No.-147 Year-2019 Thana- PALASI District- Araria ====================================================== Sharvan Kumar Yadav @ Sarvan Kr. Yadav S/o Lakshmi Yadav Resident of village - Belgachhi, P.S. - Palasi, distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Palasi PS Case No. 147 of 2019 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 272 & 273 of the Indian Penal Code.

3.

The prosecution case, in short, is that 84 liters Nepali liquor was recovered from motorcycle. 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

Patna High Court CR. MISC. No.38281 of 2025(2) dt.19-06-2025 2/2 that petitioner is not the registered owner of the motorcycle in question. The petitioner is in custody since 27-04-2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

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 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Palasi PS Case No. 147 of 2019.

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