Patna High Court
Kapil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Kapil Kumar was arrested in connection with a case registered under Section 317(5) of the B.N.S., 2023 and Section 37 of the Bihar Prohibition and Excise Act after being found intoxicated on a stolen motorcycle. The petitioner claimed he was falsely implicated, pointed out a discrepancy in the seizure list, and had been in judicial custody since 6 March 2026. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the High Court considered the facts and circumstances and decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under Section 317(5) of the B.N.S., 2023 and Section 37 of the Bihar Prohibition and Excise Act
- Whether the petitioner’s claim of false implication and procedural irregularities affect bail eligibility
Legislation cited
- Bihar Prohibition and Excise Act — s. 37
- B.N.S., 2023 — s. 317(5)
Subjects
- bail
- judicial custody
- intoxication
- stolen vehicle
- criminal antecedent
- B.N.S.
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28879 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- FATEHPUR District- Gaya
======================================================
Kapil Kumar Son of Chandrika Mistri Resident of Village - Sandeshwar,
Police Station - Fatehpur, District - Gaya Jee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Adv.
Ms. Wajeeha Jafri, Adv.
Ms. Neha Kumari, Adv.
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Fatehpur P.S. Case No. 126 of 2026 registered for the
offence punishable under Section 317(5) of the B.N.S., 2023
and Section 37 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that the
petitioner was found in intoxicated position on a stolen bike.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the seizure list of the bike was made
at P.S., whereas, as per the seizure list, the recovery was made at
Patna High Court CR. MISC. No.28879 of 2026(2) dt.05-05-2026
2/2
Jhanda Chowk. He further submits that the petitioner is
languishing in judicial custody since 06.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional District Judge-cum-Exclusive Excise Court No. IV,
Gaya Ji in connection with Fatehpur P.S. Case No. 126 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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