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Patna High Court

Pramod SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Pramod Singh, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 180 litres of liquor from a bamboo orchard adjacent to his house. He argued that he was not arrested at the spot, no liquor was found in his possession, and the recovery occurred on land not owned by him, contending that the investigation was based on secret information without proper inquiry. The State opposed the bail, highlighting the petitioner's antecedent of eight prior cases, six of which relate to the Excise Act. The Court granted provisional anticipatory bail, requiring a bail bond of Rs. 40,000 with two sureties, subject to verification of the petitioner's criminal antecedent and compliance with conditions under Section 482(2) of the BNSS. The order stipulates that if more than eight antecedent cases are found, the bail will not be confirmed; otherwise, it will be confirmed after verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the petitioner's criminal antecedent.
  • Whether the alleged recovery of liquor from property adjacent to the petitioner’s house justifies arrest and denial of bail.
  • Whether the trial court must verify the petitioner’s antecedent before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • criminal antecedent
  • bail conditions
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17756 of 2026
                    Arising Out of PS. Case No.-734 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
                 Pramod Singh S/O Chaneshar Singh @ Chandradeo singh Vill.- Badki Gahai,
                 P.S.- Dhaka, District- East champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Ms.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of eight cases out of which six cases

                   are under the Excise Act and allegation is of recovery of 180

                   litres of liquor from a bamboo orchard near the house of the

                   petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.17756 of 2026(2) dt.19-03-2026
                                            2/3




          but then is adjacent to his house and he came to be implicated

          based on secret information which is the easiest way to

          implicate someone. It is further submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation. It is also submitted that

          petitioner earlier also in similar manner came to be implicated in

          cases relating to Excise.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   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 trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          40,000/- (Rupees Forty Thousand) 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 Dhaka

          P.S. Case No. 734 of 2025, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial
              Patna High Court CR. MISC. No.17756 of 2026(2) dt.19-03-2026
                                                          3/3




                        Court shall verify the criminal antecedent of the petitioner and

                        in the event if it is found that petitioner has antecedent of more

                        than eight cases then it would be presumed that petitioner, for

                        the purposes of seeking anticipatory bail, had concealed his

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of eight

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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