Bablu Kapadiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89161 of 2025 Arising Out of PS. Case No.-937 Year-2025 Thana- DANAPUR District- Patna ====================================================== Bablu Kapadiya Munna Kapadiya R/o Vill. - Road no. 23, Chitkohra, Kapadiya, Mohalla, P.S. - Gardanibagh, Dist. - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) and 41 of Bihar Prohibition and Excise Act.

3. As per prosecution case, 9.8 liters illicit liquor was recovered from the Tempo of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case being the registered owner of the seized Tempo. Further submission is that petitioner had given the tempo to co-accused Ganesh Kumar for carrying passenger on monthly rent and without consent or knowledge of the petitioner, co-accused Ganesh Kumar has misused the vehicle.

Patna High Court CR. MISC. No.89161 of 2025(2) dt.22-12-2025 2/2 Petitioner has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the above named petitioner be released on bail, in the event of arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Danapur P.S. Case No. 937 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) utkarsh/- U T