Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to a bail bond, sureties and verification of his antecedent.
Summary
The petitioner, Pramod Kumar, was implicated in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 400 ml of liquor was recovered from Chandan Kumar, who was found in possession of the petitioner’s motorcycle. The petitioner contended that he had no knowledge of the liquor or its misuse, had a clean criminal record, and that ownership of the vehicle alone should not create liability. The State opposed the anticipatory bail application. The High Court, after hearing counsel, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his antecedent. The order further provided that if any prior case is discovered, the bail may be withdrawn, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle used in the alleged offence
- Whether the petitioner’s clean antecedent can justify grant of bail
- Whether the conditions under Section 482(2) are applicable
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- vehicle ownership
- excise law
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1083 of 2026
Arising Out of PS. Case No.-287 Year-2022 Thana- AMBA District- Aurangabad
======================================================
Pramod Kumar Son of Late Ramnath Ram Resident of Village- Purana Khassi
Market, Ward No. 5, Medininagar, District- Palamu, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 37 of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 400 ml. of liquor from possession of Chandan
Kumar along with a motorcycle. It is next submitted 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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus, would
Patna High Court CR. MISC. No.1083 of 2026(2) dt.20-01-2026
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create evidence against himself and hence, would get
implicated. It is also submitted that petitioner was completely
unaware that Chandan Kumar would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot
along with three other named accused persons.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned District &
Sessions Judge-cum-Exclusive Special Judge, Excise Court
No.1, Aurangabad, Bihar in connection with Amba P.S. Case
No.287 of 2022, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of even one case, then it
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)
Sanjay/-
U T
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