Patna High Court
Raj Kapur KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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/-
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