Patna High Court
KapilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
Kapil was arrested after police stopped his vehicle and seized 4006.44 litres of foreign liquor, charging him under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that the liquor and vehicle did not belong to him and that the seizure memo lacked an independent witness signature, rendering the seizure questionable. The court noted his clean antecedent and that he had been in custody since 5 December 2025. Considering the alleged procedural defect in the seizure and his personal circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of a close relative as bailor, physical presence at every trial date, and cancellation on two consecutive unexplained absences. The bail was ordered subject to these conditions.
Issues considered
- Whether bail should be granted to the accused in an excise case where the seizure memo lacks an independent witness signature.
- Whether the alleged procedural irregularities and the accused's clean antecedent justify bail under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Subjects
- bail
- excise
- illegal seizure
- foreign liquor
- Section 30(a)
- Section 32
- Bihar Prohibition and Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11367 of 2026
Arising Out of PS. Case No.-805 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Kapil son of Mangat Ram Resident of village-Kandal Ps- Chopal Distt-
Shimla State -Himanchal Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Raj, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Excise P.S.Case No. 805 of 2025 registered for the offence
punishable under Sections 30(a) and 32 of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
3. As per the prosecution case, a vehicle was stopped
by the police personnel and in presence of the police witnesses,
the said vehicle was searched and a total 4006.440 litres of
foreign liquor was recovered from the said vehicle and the
petitioner was arrested from the spot.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.11367 of 2026(3) dt.19-03-2026
2/3
submitted that the petitioner is innocent and has falsely been
implicated in this case only on the basis of suspicion and the
alleged recovery of liquor and seized vehicle do not belong to
the petitioner.
5. Taking note of the fact that petitioner has clean
antecedent and has remained in custody since 05.12.2025 and
further taking into account the fact that the search and seizure
memo does not bear the signature of any independent witness
which puts a question mark on the legality and validity of the
seizure itself, 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 learned
District and Additional Sessions Judge-IV-cum-Exclusive
Special Judge, Excise Court No-II, Gopalganj in connection
with Excise P.S.Case No. 805 of 2025 subject to the following
conditions:
(i) One of the bailors of the petitioner shall be
his close relative.
(ii) The petitioner shall remain physically
present in Court on each and every date of the
trial.
(iii) In case of absence on two consecutive
dates without substantial reason or in violation
of the terms of the bail, the bail bond of the
Patna High Court CR. MISC. No.11367 of 2026(3) dt.19-03-2026
3/3
petitioner will be liable to be cancelled by the
Court concerned.
6. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
HR/-
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