Patna High Court
Pramod Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Petitioner Pramod Kumar Sah, owner of a truck, was implicated in the recovery of 1,600.2 litres of liquor alleged to be in his vehicle, invoking offences under Section 61(2) of the B.N.S. and Section 30(a) of the Excise Act. He applied for anticipatory bail, arguing that he had no prior criminal record, was not arrested at the spot, and had no conscious possession of the liquor, the misuse being attributable to others who were apprehended. The State opposed the bail. The Court examined the petitioner’s clean antecedent, lack of possession, and the principle that ownership alone does not constitute participation in the crime, and applied the discretion under Section 482(2) of the BNSS. The Court directed that provisional anticipatory bail be granted on furnishing a bail bond of Rs.500 with two sureties, subject to verification of antecedents. If any prior case is discovered, the bail may be withdrawn; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS for offences under Section 61(2) BNSS and Section 30(a) Excise Act.
- Whether ownership of a vehicle, without conscious possession of contraband, suffices to deny anticipatory bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 482(2), 61(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 61(2) BNSS
- Section 30(a) Excise Act
- ownership of vehicle
- clean antecedent
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10068 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Pramod Kumar Sah Son of Rajendra Sah Resident of Village- Nauranga Sah
Patti, Ward No. 10, P.S.- Chautham, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 61(2) of the B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 1600.2 litres of liquor from a truck.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.10068 of 2026(2) dt.24-02-2026
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against himself and hence, would get implicated and at the same
time shall bring disrepute to his business. It is further submitted
that petitioner was completely unaware that Sri Ram Singh and
Pandav Singh would misuse the vehicle in the manner as alleged
as who were also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Dhoraiya P. S. Case No.361 of 2025, subject to the conditions
laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.10068 of 2026(2) dt.24-02-2026
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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