Shyam Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81542 of 2025 Arising Out of PS. Case No.-286 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== Shyam Kumar Yadav S/O Bindeshwar Yadav Resident of village - Mahadeopatti, P.S- Harlakhi, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Adv Ms. Archana Anand, Adv For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Harlakhi P.S. Case No. 286 of 2025 arising out G.R. Case No. 1391 of 2025, instituted for the offences punishable under Sections 274, 275, 3 (5) of the B.N.S. and under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 279.9 liters of Nepali liquor was recovered from Auto. Petitioner was arrested on spot.
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
Patna High Court CR. MISC. No.81542 of 2025(2) dt.27-11-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is driver of the seized vehicle and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 11.10.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harlakhi P.S. Case No. 286 of 2025 arising out G.R. Case No. 1391 of 2025. (Rudra Prakash Mishra, J) krishnakant/- U T