Patna High Court
Kapil Choudhary @ Kapil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Kapil Choudhary sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 alleging his involvement in the recovery of 300 litres of liquor from a bush near the Sakari River. He argued that he was not arrested at the spot, had no possession of the liquor, and was falsely implicated by a hostile chawkidar, especially given his prior three excise cases. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 and two sureties, subject to verification of his criminal antecedent. The Court stipulated that if verification shows more than three prior cases, the bail would not be confirmed; if only three, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act, 2016
- Whether the petitioner’s prior criminal antecedent exceeding three cases would preclude confirmation of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- false implication
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23818 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Kadirganj P.S. District- Nawada
======================================================
Kapil Choudhary @ Kapil Kumar S/O Late Krishna Choudhary R/O Vill.-
Kadirganj, P.S.- Kadirganj, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 300 litres of liquor from a bush near
Sakari River.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.23818 of 2026(2) dt.09-04-2026
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Chawkidar with whom he is on an inimical term. It is next
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution. It is also submitted
that it appears that the Chawkidar, in order to save the real
culprits, falsely implicated the petitioner taking advantage of his
antecedent. It is lastly submitted that petitioner in similar
manner earlier also came to be implicated in cases relating to
excise.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.15,000/-
(Rupees Fifteen Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Kadirganj P.S.
Case No. 32 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.23818 of 2026(2) dt.09-04-2026
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7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than
three cases, it would be presumed that petitioner had concealed
his antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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