Patna High Court
Sharvan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties, and specified conditions.
Summary
Sharvan Kumar Yadav was arrested on 31 March 2026 in connection with a seizure of 820 bottles of Nepali country liquor from a four‑wheeler, alleged to violate Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case relied on the vehicle’s seizure and the presence of the liquor, but the petitioner was not found in possession of the contraband and is not the owner of the vehicle; he was implicated solely on suspicion. The petitioner’s counsel argued that there was no direct evidence linking him to the liquor and that he had been in custody for over a month, while the State highlighted his two prior criminal cases. The court considered the nature of the offence, the lack of personal possession, and the petitioner’s antecedents, and decided to grant bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal record. The bail order was issued without delay for verification, emphasizing the petitioner’s right to liberty pending trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged involvement, based solely on suspicion and lack of personal possession of the seized liquor, warrants continued detention.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- bail
- narcotic offences
- liquor seizure
- criminal antecedent
- suspicion
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29599 of 2026
Arising Out of PS. Case No.-193 Year-2024 Thana- SAKRI District- Madhubani
======================================================
Sharvan Kumar Yadav S/O Devendra Yadav R/V - Dhaulitol, P.S- Jaynagar ,
Dist- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shabina Talat
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.03.2026 in connection with Sakri P.S. Case No. 193 of 2024
for the offences punishable under Sections 274 and 275 of the
BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that the
informant (Suresh Choudhary currently posted as S.I at Sakri
Police Station). On 04.09.2024 at 10.05 pm when he was on
night patrol/raid along with armed force, who left the police
station for the raid. During night patrol, when they was near
Sakri Bridge, On 05.09.2024 at 00:10 hrs, informant got an
information that a four-wheeler is carrying a huge quantity of
liquor from NH 27 towards village Narpatnagar Hati. To verify
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he left from near Sakri Bridge with his team. When they reach
towards village Narpatnagar Hati from NH 27, a four wheeler
on seeing the police vehicle started running fast. When they
chased it, the driver abandoned his vehicle near Tinmuhani road
in front of Rambabu Yadav's house and started running away.
they tried to catch him with the help of armed forces but the
driver took advantage of the darkness and managed to escape.
By then, on hearing the commotion, some villagers gathered, out
of which two persons (1) Rambabu Yadav son of Late Gulton
Yadav (2) Vasudev Yadav son of Late Narayan Yadav, both
residents of Narpatnagar Hati Ward No. 5, Police Station Sakri,
District Madhubani, were kept as independent witnesses and
search of the said four-wheeler bearing registration number
BR1Y0955 and chassis number MALAB51HR4M484312,
engine number G4HD4D65640 started. On the middle seat of
the vehicle, 6 white coloured plastic bags were found, in which
5 plastic bags each contained 150 bottles of 300 ml, total 750
bottels of Nepali country liquor and when another last bag was
checked, total 70 bottles of 300 ml Nepali country liquor, total
820 bottles altogether total 246 litres of Nepali country liquor
was recovered.
4. Learned counsel for the petitioner submits that it
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appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from the vehicle in question and
petitioner is not the owner of the alleged vehicle in question and
petitioner has been made an accused in the present case on the
basis of suspicion and except the aforesaid nothing has come to
suggest the involvement of the petitioner in the present
occurrence. It is next submitted that petitioner is in custody
since 31.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner has antecedent of two
cases other than the present case.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge at Madhubani in connection with Sakri P.S. Case
No. 193 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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