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Patna High Court

Kapil Kumar Saw @ Kapil Saw @ Kapil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Kapil Kumar applied for bail in an excise case (PS No. 172 of 2024) where 525 litres of liquor were seized from a Bolero vehicle. He contended that he was neither the owner nor the driver of the vehicle and that his name appeared only through the statement of a co‑accused. The petitioner has been in custody since 14‑11‑2025 and has one prior criminal antecedent, with no compliance of Section 103 of the BNSS, 2023. The State opposed bail, but the court noted the lack of incriminating material in the petitioner's possession and the fact that a co‑accused had already been granted bail. Considering these circumstances, the court ordered bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act given the facts of the case.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 103
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89998 of 2025
                  Arising Out of PS. Case No.-172 Year-2024 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Kapil Kumar Saw @ Kapil Saw @ Kapil Kumar S/o Late Prasad Saw @
                 Madan Saw @ Late Madan Saw R/o Village - Baidh Bigha Harigarganj
                 Satganwa, P.S - Hariharganj, District - Palamu, State - Jharkhand

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, APP
                 ======================================================
                 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 Excise

                   (Sherghati) PS Case No. 172 of 2024 instituted for the offences

                   under Section/s 30(a) & 32(c) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 525 liters

                   liquor was recovered from Bolero vehicle.

                           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. It is submitted
           Patna High Court CR. MISC. No.89998 of 2025(2) dt.19-01-2026
                                                       2/2




                     that petitioner is neither the owner nor the driver of the vehicle

                     in question and his name has surfaced in this case on the

                     disclosure made by apprehended co-accused person. The

                     petitioner is in custody since 14.11.2025 and has got one

                     criminal antecedent/s. There is no compliance of Section 103 of

                     the BNSS, 2023. Other co-accused has been granted bail by this

                     Court vide order dated 08-01-2025, passed in Cr. Misc. No.

                     88123 of 2024.

                             5.      Learned A.P.P. 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 on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise (Sherghati)

                     PS Case No. 172 of 2024.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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