Patna High Court
Dhyani KaparversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedent under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Dhyani Kapar, sought bail after being implicated in a case where an auto registered in his name was found abandoned with 105.3 litres of illicit Nepali liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed the vehicle had been lent to a friend and he had no knowledge of the liquor, also asserting a clean criminal record. The State opposed bail, arguing the seriousness of the offence. The Court considered the petitioner's claim, the nature of the offence, and the need to verify any concealed criminal antecedent. It granted bail on a bond of Rs.10,000 with two sureties, subject to verification of antecedents under Section 482(2) of the B.N.S.S., and ordered that bail not be delayed for that verification. The order also empowered the lower court to cancel bail if concealment of antecedent is discovered.
Issues considered
- What is the appropriate bail condition for a person implicated under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioner’s claim of lack of knowledge and clean antecedent justifies grant of bail?
- Whether verification of criminal antecedent under Section 482(2) of the B.N.S.S. is a condition precedent to bail acceptance?
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- criminal antecedent
- Section 30(a)
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18100 of 2026
Arising Out of PS. Case No.-26 Year-2025 Thana- RAIYAM District- Darbhanga
======================================================
Dhyani Kapar S/o- Ramchandra Kapar R/v- Gadha W.No-3, Ps- Deodha Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
Ms. Archna Aanand, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Raiyam P.S. Case No.26 of 2025, for having allegedly
committed offence under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, while the informant
was on patrolling duty, he got information that an auto is
standing abandoned on the roadside in village Fulkahi Koryani
and upon reaching the place of occurrence, the auto bearing
Registration No.BR-32PA-1553 was found abandoned and upon
search thereof, total 105.300 litres of Nepali country made
liquor was recovered.
Patna High Court CR. MISC. No.18100 of 2026(2) dt.25-03-2026
2/3
4. The learned counsel for the petitioner submits that
the name of the petitioner has been dragged in the present case
since, the seized auto belongs to the petitioner and nothing has
been recovered from the conscious possession of the petitioner.
The petitioner had given the said auto to his friend on the date
of occurrence for his personal use and he has got no knowledge
about the alleged seized liquor. The petitioner has got clean
antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having considered the rival submissions, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing a
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge-II (Excise Act), Darbhanga in
connection with Raiyam P.S. Case No.26 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S. with
a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
Patna High Court CR. MISC. No.18100 of 2026(2) dt.25-03-2026
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court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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