Patna High Court
Kapil Kumar @ Kapil ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail may be granted in offences under the Bihar Prohibition and Excise Act, provided the court imposes reasonable conditions such as a bail bond, sureties, and a charitable deposit, without prejudice to the trial.
Summary
The petitioner, Kapil Kumar, applied for anticipatory bail in connection with an excise case involving the seizure of 33.525 litres of foreign liquor from a motorcycle, alleged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner’s name appeared in a co‑accused’s confessional statement and he faces another similar charge. The petitioner’s counsel offered to donate Rs.25,000 to a charitable institution without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner’s willingness to furnish a bail bond of Rs.10,000 with two sureties and to deposit Rs.25,000 in the specified charity, granted anticipatory bail subject to the conditions of Section 438(2) of the CrPC. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in offences under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a charitable deposit and sureties, are lawful and appropriate under Section 438(2) of the CrPC.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- illegal liquor
- CrPC Section 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37102 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Kapil Kumar @ Kapil Chaudhary S/o Vinod Chaudhary @ Vinod Chaudhri
R/o Village- Nawadih Panari, PS- Hunterganj, Dist- Chatra, Jharkhand
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar, Advocate
For the Opposite Party : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the parties.
2. The petitioner seeks anticipatory bail in
connection with Excise Sherghati P.S. Case No.135 of 2026
registered for the offence under sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act.
3. The recovery is of 33.525 liters of foreign
liquor from a motorcycle. The name of the petitioner has come
in the confessional statement of co-accused. He is accused in
one more criminal case of similar nature.
4. Learned counsel for the petitioner submits
that the petitioner is ready to donate Rs.25,000/- in some
charitable organization without accepting his guilt.
Patna High Court CR. MISC. No.37102 of 2026(2) dt.15-06-2026
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5. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, let the petitioner, above named, in the event of his
arrest/surrender within six weeks from today in the Court below,
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 Excise Court
No.03, Gaya, in connection with Excise Sherghati P.S. Case
No.135 of 2026, subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
7. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Math, Village - Jharha (near Matua Pahar), P.O.-
Gurua, District- Gayaji, Bihar 824205 and produce the receipt
of the same before the Court below at the time of furnishing bail
bonds. The bail bonds of the petitioner shall be accepted after
verifying the genuineness of the receipt produced by him.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
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any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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