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Patna High Court

Kapil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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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