Patna High Court
Pramod Ram @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to conditions.
Summary
The petitioner, Pramod Ram, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 8.5 litres of liquor from a public bush area. He claimed innocence, stating that no incriminating material was found in his possession and that his name was linked to the case only through secret police information. The State opposed bail, while the petitioner highlighted the open nature of the recovery site and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the facts, the court found no compelling reason to keep him detained and ordered bail on the condition of a Rs.15,000 bond with two sureties and compliance with attendance requirements. The bail was granted subject to specific conditions, including a family member as one bailor and cancellation upon default of appearance on two consecutive dates.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
- Whether the circumstances of the alleged recovery justify continued detention.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16336 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- MEHUSH District- Sheikhpura
======================================================
Pramod Ram @ Pramod Kumar S/O Vakil Ram R/o - Laxmipur, P.S - Mehus,
District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Mehus
P.S. Case No. 60 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 8.5 liters
liquor was recovered from bushes.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.16336 of 2026(2) dt.13-03-2026
2/3
for the petitioner also submits that the alleged recovery has been
made from bushes which is an open place and the same is easily
accessible to the public at large. It is further submtited that name
of the petitioner has transpired in this case on the basis of secret
information received by the police. The petitioner is in custody
since 29.01.2026 and has got three criminal antecedents in
which he is on bail. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mehus P.S. Case No.
60 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.16336 of 2026(2) dt.13-03-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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