Created by Fuzzy Cloud

Patna High Court

Pramod RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to stringent conditions.

Summary

The petitioner, Pramod Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged seizure of 108 litres of Nepali liquor from a moped. He contended that he was not the owner of the vehicle and was falsely implicated due to a prior criminal antecedent. The State opposed the bail, citing the petitioner’s criminal record. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar under Section 76(2) if no offence is made out, the court held that the petitioner’s claim of non‑ownership and lack of conscious possession warranted bail. Consequently, the court granted anticipatory bail with a Rs.10,000 bond and six specific conditions, including regular appearances before police and the trial court and a prohibition on tampering with evidence.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the petitioner’s alleged non‑ownership of the vehicle and lack of conscious possession negate the offence under Section 30(a).

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • false implication
  • seizure of liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20770 of 2026
                     Arising Out of PS. Case No.-180 Year-2025 Thana- KANHAULI District- Sitamarhi
                 ======================================================
                 Pramod Ram S/o- Bindeshwar Ram Resident of Village- Dayankothi Dayan
                 Chhapara Ward No. 2, P.S.- Majorganj, District- Sitamarhi


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Birendra Kumar, Advocate
                 For the State             :      Mrs. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                          Heard Mr. Birendra Kumar, learned counsel for

                   the petitioner and Mrs. Sucheta Yadav, learned APP

                   representing the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Kanhauli P.S. Case No. 180 of 2025 for the

                   offence under sections 30(a) of the Bihar Prohibition and

                   Excise Act lodged on 29.11.2025 by the informant, Shambhu

                   Paswan.

                                 3. As per the prosecution story, the informant alleged

                   that during vehicle inspection, from a Mopped there is

                   recover/seizure of 108 liter Nepali Liquor. This led to the FIR.

                                 4. Learned counsel for the petitioner submits that he

                   is not the owner of the Mopped but has been falsely implicated
Patna High Court CR. MISC. No.20770 of 2026(2) dt.08-04-2026
                                            2/4




          only because of one criminal antecedent.

                       5. Further, learned counsel for the petitioner relied

          on the judgment of the Full Bench of Hon’ble Patna High

          Court in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019 (2) PLJR 1089 wherein it has been held that

          an application for anticipatory bail in a case arising out of

          Bihar Excise and Prohibition Act can be maintained, despite

          the bar under Section 76(2) of the Act, if on the basis of

          allegation made in the FIR, no offence under the said provision

          is made out.

                       6. Learned APP opposes the prayer submitting that

          he has criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the categorical statement that he is not the owner of

          the vehicle, nothing recovered from his conscious possession,

          in that background, this Court is inclined to extend him the

          privilege of anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.20770 of 2026(2) dt.08-04-2026
                                            3/4




          satisfaction of learned Exclusive Special Excise Court-I,

          Sitamarhi in connection with Kanhauli P.S. Case No. 180 of

          2025 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive dates without plausible reason will entail

          cancellation of his bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall

          be submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
            Patna High Court CR. MISC. No.20770 of 2026(2) dt.08-04-2026
                                                        4/4




                                   (vi) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at

                      liberty to take steps for cancellation of his bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.