Patna High Court
Pramod Rai @ Pramod RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond and specified conditions.
Summary
Pramod Rai was arrested on 23 February 2026 in connection with a case alleging possession of 55 litres of country‑made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from an open area near a railway track and not from his conscious possession, arguing that the FIR was fabricated and that only suspicion linked him to the crime. The prosecution opposed bail, highlighting three prior similar criminal antecedents, though noting the petitioner was already on bail in other matters. The court examined the lack of direct seizure from the petitioner and the reliance on mere suspicion, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge Excise‑1, Saran.
Issues considered
- What is the appropriate bail disposition when the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act is based solely on suspicion and no material was recovered from the accused's possession?
- Do the petitioner’s prior criminal antecedents of a similar nature justify denial of bail?
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- possession of illicit liquor
- criminal antecedent
- suspicion
- Indian Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19474 of 2026
Arising Out of PS. Case No.-172 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Pramod Rai @ Pramod Ray S/O Vishwanath Rai R/V - Mangaidih, P.S-
Mufassil ,Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Ms. Shweta Anand, learned counsel for the
petitioner and Mr. Yogendra Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.02.2026 in connection with Bhagwan Bazar P.S. Case No.
172 of 2026, F.I.R. dated 22.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 55 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. She further submits that it appears from the
FIR as well as seizure list that nothing has been recovered from
Patna High Court CR. MISC. No.19474 of 2026(2) dt.31-03-2026
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the conscious possession of the petitioner rather the recovery
has been made from the open place near railway track. She
further submits that the petitioner has been made accused
merely on the basis of suspicion and except the suspicion, no
other material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. The
petitioner is in custody since 23.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries three criminal antecedents of
similar nature other than the present one but fairly submits that
the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner and petitioner has been made accused merely
on the basis of suspicion, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge Excise-1, Saran at
Chapra in connection with Bhagwan Bazar P.S. Case No. 172 of
2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.19474 of 2026(2) dt.31-03-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
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 court below 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U t
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