Patna High Court
Kapil ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to a bond and specified conditions.
Summary
Kapil Choudhary was arrested on 10 March 2026 in connection with a case involving the alleged illegal possession of 150 litres of country-made liquor, alleged offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated, arguing that the seized liquor was recovered from a location away from his residence and that no material directly linked him to the contraband, also alleging non‑compliance of Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing five prior criminal antecedents of a similar nature, though noting the petitioner was already on bail in other pending matters. The court examined the lack of direct evidence, the procedural lapses alleged, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for verification, emphasizing that any breach of conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2018 given the alleged lack of direct evidence.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether non‑compliance of Sections 103 and 105 of the BNSS affects the grant of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal antecedents
- Section 103
- Section 105
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27230 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- NEMDARGANJ District- Nawada
======================================================
Kapil Choudhary S/o Saudagar Chaudhary R/o Village - Sanokhara, P.S. -
Nemdarganj, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
: Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Binod Kumar, learned counsel for the
petitioner and Ms. Suman Kumari Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.03.2026 in connection with Nemdarganj P.S. Case No. 86 of
2026, F.I.R. dated 01.03.2026 for the offences punishable under
Section 30(a) and 30(c) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 150 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.27230 of 2026(2) dt.22-04-2026
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conscious possession of the petitioner rather the recovery has
been made from east of Sanokhara Village near Marari and the
petitioner has been made accused on the basis of disclosure
made by local chowkidar/local villager and except the aforesaid,
no other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. He further submits that there is non-compliance of
Section 103 and 105 of BNSS and the petitioner is in custody
since 10.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries five criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Court, Excise No-1, Nawada in connection with
Nemdarganj P.S. Case No. 86 of 2026, subject to the following
conditions:-
Patna High Court CR. MISC. No.27230 of 2026(2) dt.22-04-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below 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 court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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