Shyam Kishore Yadav @ Shyam Kishore Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43411 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Shyam Kishore Yadav @ Shyam Kishore Prasad Yadav S/o Late Karu Gope @ Bale Yadav Vill. - Atwalchak, P.S. - Tharthari, Distt.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Birendra Kumar, Advocate For the State :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 100 litres illicit liquor was recovered from the seized motorcycle of which this petitioner is registered owner.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in this case merely because he happens to be owner of the vehicle in question. As a matter of fact, without the knowledge and
Patna High Court CR. MISC. No.43411 of 2025(3) dt.19-09-2025 2/2 consent of this petitioner, his motorcycle was being used for transportation of illicit liquor. Charge-sheet has already been submitted and petitioner is in custody since 19.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, nature of accusation and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-IInd, Nalanda in connection with Noorsarai P.S. Case No. 390 of 2024.
(Prabhat Kumar Singh, J) shashank/- U T