Patna High Court
Binit KapoorversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner subject to a Rs.30,000 bail bond and the conditions stipulated under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Binit Kapoor, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (PS No. 506 of 2023) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning the recovery of 32 litres of foreign liquor. The petitioner argued that he was not named in the FIR and that the scooty linked to him had been sold prior to the incident, asserting his innocence and clean criminal record. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a Rs.30,000 bail bond, verification of the petitioner’s criminal antecedent, and other conditions prescribed under Section 482(2) of the BNSS, 2023. The order directs that the bail bond be accepted without delay pending verification, and that the trial court may cancel bail if the petitioner conceals any antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in connection with the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged connection to the scooty implicated in the case justifies arrest.
- Whether the conditions imposed under Section 482(2) of the BNSS, 2023 are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- excise law
- prohibition act
- bail conditions
- criminal antecedent
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41500 of 2026
Arising Out of PS. Case No.-506 Year-2023 Thana- ALAMGANJ District- Patna
======================================================
Binit Kapoor S/o Bhola Nath Kapoor R/o Mohalla - Hamam, Gurhatta Lane
Sahay Colony, Patna City, P.S.- Khajekala, District - Patna, Pin - 800008
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Krishna, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Aalamganj P.S. Case No. 506 of 2023,
lodged on 08.06.2023, under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 32 litres of
foreign liquor has been made which is the subject matter of the
present case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.41500 of 2026(2) dt.01-07-2026
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submits that the petitioner is not named in the FIR and his name
has surfaced in this case being the owner of scooty bearing
Regn. No. BR01DB/6364, but the said scooty was exchanged
under the scheme for purchasing new TVS Jupiter Scooty and
the said scooty was sold to one Md. Pintu, the proprietor of
Bharat Motor, on 11.05.2022. Counsel submits that the criminal
antecedent of the petitioner is clean. He further submits that
petitioner is ready to fulfill all the conditions whatsoever shall
be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Court of Excise, Patna City,
Patna, in connection with Aalamganj P.S. Case No. 506 of 2023,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
7. And further condition that the Trial Court shall
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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 Trial Court 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.
(Dr. Anshuman, J)
Mkr./Rakesh/-
U T
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