Binit Kapoor v. The State Of Bihar
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 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