IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77952 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Shambhu Yadav S/o Ramlal Yadav Resident of Village- Bhagwanpur, PS- Nadi, District- West Champaran. permanant resident of Village- Ranaha, PS- Shrinagar, District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Shrinagar P.S. Case No. 105 of 2024 instituted for the offences under Sections 318(4), 338, 336(3) and 341(1) of the Bhartiya Nyaya Sanhita and under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, the police has recovered 19.6 liters of illegal country-made liquor along with vehicle. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the Patna High Court CR. MISC. No.77952 of 2024(3) dt.16-01-2025 2/3 present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitiioner is not the owner of the alleged motorcycle. The petitioner has also no concern with the seized liquor. There is non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 26.07.2024 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two Patna High Court CR. MISC. No.77952 of 2024(3) dt.16-01-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shrinagar P.S. Case No. 105 of 2024. rishi/- (Rudra Prakash Mishra, J) U T