Shravan Kumar @ Sharvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73797 of 2025 Arising Out of PS. Case No.-286 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Shravan Kumar @ Sharvan Kumar, aged about 26 years, Male, Son of Shyamnath Rai @ Shyam Rai, Resident of Village - Hanumanchak, P.S - Didarganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Rai, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Didarganj P.S. Case No. 286 of 2025 instituted for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 16 liters of illicit liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that petitioner do not have any concern with the seized liquor. He further submits that seizure list was prepared and there is no any signature of the independent witness on the seizure list. He next

Patna High Court CR. MISC. No.73797 of 2025(2) dt.16-10-2025 2/3 submits that nothing has been recovered from the conscious possession of the petitioner. He lastly submits that there is no any independent witness of the seizure list. Petitioner is in custody since 31.08.2025.

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

6. From perusal of the FIR and impugned order of the learned Exclusive Special Court of Excise, Patna City, Patna dated 23.09.2025, it appears that on the basis of written report of the informant namely Krishna Rai, Sub-Inspector of Police, Didarganj, Patna City, Patna, FIR has been registered under Section 30 (a) of the Bihar Prohibition and Excise Act against two accused persons including the present petitioner and the allegation is the recovery of 16 liters of illicit liquor. From perusal of the records, it appears that there is no any independent of the seizure list, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned

Patna High Court CR. MISC. No.73797 of 2025(2) dt.16-10-2025 3/3 Exclusive Special Court Excise, Patna City, Patna in connection with Didarganj P.S. Case No. 286 of 2025, subject to the condition that petitioner shall physically present before the Trial Court on each and every date fixed till conclusion of the trial. (Ramesh Chand Malviya, J) Anand Kr.

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