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Patna High Court

Pramod ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed.

Summary

Petitioner Pramod Chaudhary, a man with no prior criminal record, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for allegedly possessing 28 litres of liquor recovered from a sack at a location not belonging to him. He argued that the liquor was not in his conscious possession and that the informant’s identity was omitted from the FIR, suggesting a lack of reliable evidence. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is discovered, the bail would be presumed concealed and the order would not be confirmed; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act
  • Whether the alleged recovery of liquor constitutes sufficient ground for arrest given the petitioner’s lack of conscious possession and clean antecedent

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor possession
  • clean antecedent
  • Bihar Prohibition Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20172 of 2026
                        Arising Out of PS. Case No.-560 Year-2025 Thana- RAMPUR District- Gaya
                 ======================================================
                 Pramod Chaudhary Son of Late Paras Chaudhary Resident of Village- Gewal
                 Bigha, P.S.- Rampur, Dist.- Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushp Raj Singh
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 28 litres of liquor from a sack. It is next submitted

                   that petitioner was not arrested from the spot as such nothing

                   was recovered from his conscious possession and the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of local person but

                   then the name of the person who disclosed the name of the

                   petitioner is not disclosed in the FIR which casts an aspersion
Patna High Court CR. MISC. No.20172 of 2026(2) dt.31-03-2026
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          on the case of the prosecution, when petitioner has not been

          implicated based on secret information and is a person with

          clean antecedent.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds 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 Rampur P.S. Case No.560/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          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
             Patna High Court CR. MISC. No.20172 of 2026(2) dt.31-03-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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