Patna High Court
Shravan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Shravan Yadav, a co‑driver, was arrested in connection with the seizure of 522 litres of foreign liquor from a truck, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the consignment, that nothing was recovered from his possession, and that the police failed to comply with Section 105 of the BNSS while preparing the seizure list. He had been in judicial custody since 13‑02‑2026 and asserted he had no prior criminal record, though the State alleged one antecedent case. The State opposed regular bail, citing the alleged antecedent. After hearing both sides, the court found merit in the petitioner's claim of procedural irregularity and lack of personal involvement, and ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to be complied with by the District and Additional Sessions Judge‑cumm‑Exclusive Special Judge, Excise‑II, Araria.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the failure to comply with Section 105 of the BNSS in preparing the seizure list warrants bail.
- Whether the alleged prior criminal antecedent affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- section 30(a)
- procedural lapse
- seizure list
- foreign liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22692 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- JOKIHAT District- Araria
======================================================
Shravan Yadav Son of Sanjeet Kumar Resident of Village- Khilwat PS-
Bidupur District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Verma, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck
vehicle, altogether 522 liters of foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case. He is merely a co-driver of the
said vehicle. He is unaware of the alleged consignment. The
witnesses of the seizure list are police personnel and police has
Patna High Court CR. MISC. No.22692 of 2026(2) dt.20-04-2026
2/2
not complied Section 105 of BNSS while preparing seizure list.
Moreover, he is languishing in judicial custody since 13.02.2026
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Jokihat P.S. Case No. 56 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-cum-Exclusive Spl. Judge, Excise-II, Araria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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