Patna High Court
Pramod ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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