Patna High Court
Sanjay Kumar KapriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Sanjay Kumar Kapri, was implicated in a case alleging recovery of about 7 litres of illicit liquor from a motorcycle registered in his name, under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he had sold the motorcycle to Nippu Kumar on 24 September 2025 and had no involvement in the alleged offence. The petitioner offered to donate Rs. 25,000 to a charitable institution without admitting guilt. The High Court, after considering the submissions, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, deposit the Rs. 25,000 donation, and attend the police station twice a month. The order was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, and stipulated cancellation of bail for non‑appearance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC and Section 482 of the BNSS in the alleged illicit liquor case
- Whether the petitioner’s offer to donate Rs. 25,000 can be imposed as a condition for bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30(a)
- Section 438
- Section 482
- bail conditions
- donation
- motor vehicle sale
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38664 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- CHANDRAMANDI District- Jamui
======================================================
Sanjay Kumar Kapri S/o Suresh Kapri Resident of Village- Sahri, P.S.-
Jassidih, District- Deoghar, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Ms.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Chandramandi P.S. Case No. 182 of 2025 under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2022.
3. As per the prosecution case, the recovery is of
approx 7 liters of illicit liquor from a motorcycle which is
registered in the name of the petitioner.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner has sold the motorcycle to one Nippu Kumar on
24.09.2025 and he has no connection with the alleged offence.
The same has been apparent from paragraph no. 10 of the bail
Patna High Court CR. MISC. No.38664 of 2026(2) dt.17-06-2026
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application.
5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 concerned
Court below in connection with Chandramandi P.S. Case No.
182 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.
Vidyapith Deoghar, Jharkhand and produce the receipt of the
same before the Court below. The bail bonds of the petitioner
shall be accepted after verifying the genuineness of the receipt
produced by the petitioner.
Patna High Court CR. MISC. No.38664 of 2026(2) dt.17-06-2026
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9. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Jassidih Police Station on first and third Sunday of
each month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
10. Let a copy of this order be communicated to the
Superintendent of Police, Deoghar, Jharkhand through FAX for
its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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