Created by Fuzzy Cloud

Patna High Court

Sharvan Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29599 of 2026(2) dt.04-05-2026
                                            2/4




          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
Patna High Court CR. MISC. No.29599 of 2026(2) dt.04-05-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.29599 of 2026(2) dt.04-05-2026
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.