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Patna High Court

Binit KapoorversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.41500 of 2026(2) dt.01-07-2026
                                                       3/3




                     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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