Patna High Court
Kapil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and conditions, after considering the circumstances of the case.
Summary
The petitioner, Kapil Yadav, was arrested in connection with a case alleging possession of 13 litres of country-made liquor recovered from a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that the motorcycle was abandoned, and argued that no incriminating material was found in his possession. The State opposed bail, while the petitioner highlighted six prior criminal antecedents but asserted lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court, after considering the facts and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance and future conduct. The bail was ordered to be released after framing of charge, if not already done.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of illicit liquor under the Bihar Prohibition and Excise Act.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2827 of 2026
Arising Out of PS. Case No.-108 Year-2024 Thana- PIRI BAZAR District- Lakhisarai
======================================================
Kapil Yadav Son of Baudhu Yadav Resident of Village- Lahsorva, P.S.-
Piribazar, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Bilochan
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Piribazar P.S. Case No. 108 of 2024, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 13 liters
of country made liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The alleged
recovery was made from motorcycle which was parked in
Patna High Court CR. MISC. No.2827 of 2026(2) dt.19-01-2026
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abandoned condition. The petitioner has no knowledge
regarding goods kept on the motorcycle. The name of the
petitioner trasnpired as owner of the alleged motorcycle, which
was parked in abandoned condition. The petitioner is in custody
since 01.12.2025 and has got six criminal antecedents. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Piribazar P.S. Case No. 108 of 2024,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.2827 of 2026(2) dt.19-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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