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Patna High Court

Raj Kapur KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Raj Kapur Kumar, was arrested for alleged possession of 225 litres of illicit liquor recovered from two motorcycles and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 24 March 2026, claimed a clean antecedent, and asserted innocence while offering to donate Rs.25,000 to charity without admitting guilt. The State opposed his bail application. The Patna High Court, after considering the custody period, the nature of the offence, and the parties' submissions, granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of the charitable donation, regular attendance at the police station, and verification of antecedents. The court noted that its observations were prima facie and would not influence the trial. Consequently, the bail application was allowed.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the period of custody.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • conditions of bail
  • prima facie observation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28565 of 2026
                     Arising Out of PS. Case No.-129 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Raj Kapur Kumar S/o Vijay Sahni Resident of Village - Madhiya Kamalwari,
                 P.S. - Basopatti, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailendra Kumar Jha
                 For the Opposite Party/s :        Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Madhubani Sadar Excise P.S.

                   Case No. 129 of 2026, registered for offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 225 liters of illicit

                   liquor were recovered from two motorcycles. The petitioner is

                   in custody since 24.03.2026 and claims clean antecedent.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather,

                   he has been falsely implicated in the present case. It is further

                   submitted that the petitioner undertakes to donate a sum of Rs.

                   25,000/- (Rupees Twenty-Five Thousand only) to a charitable
Patna High Court CR. MISC. No.28565 of 2026(2) dt.11-05-2026
                                            2/3




          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Madhubani Sadar

          Excise P.S. Case No. 129 of 2026, subject to the following

          conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Sevashrama, Swami
                          Vivekananda Path, Bela, Muzaffarpur, Bihar and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Basopatti Police Station on every 1st
                          and 3rd Sunday of each month. In the event of
            Patna High Court CR. MISC. No.28565 of 2026(2) dt.11-05-2026
                                                        3/3




                                      default, the bail bonds shall be liable to be
                                      cancelled.

                                                   (iii). At the time of acceptance of bail
                                      bonds, the court below shall verify the antecedents
                                      of the petitioner. The bail bonds shall be accepted
                                      only upon confirmation that the petitioner has no
                                      criminal antecedent. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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