Patna High Court
Pramod Chaudhary @ Pramod Kumar Yadav @ Pramod YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pramod Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 99 litres of liquor were recovered from two motorcycles. He contended that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicles, and was implicated solely on secret information without proper investigation. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s prior five cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if more than five prior cases are found, the bail would not be confirmed; if only five, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of possession and ownership, and the reliance on secret information, justify bail.
- Whether the petitioner’s prior criminal antecedent (five cases) affects the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- secret information
- criminal antecedent
- Bihar Prohibition and Excise Act
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21532 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
Pramod Chaudhary @ Pramod Kumar Yadav @ Pramod Yadav Son of Nanhu
Yadav R/O village - Mushtoli, P.S.- Mirganj, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 99 litres of liquor from two different
motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated at the instance of the local person but
then the name of the person who disclosed the name of the
Patna High Court CR. MISC. No.21532 of 2026(2) dt.01-04-2026
2/3
petitioner is not disclosed in the FIR which casts an aspersion
on the case of the prosecution, when petitioner has not been
implicated based on the secret information. It is next submitted
that once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let 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.25,000/- (Rupees Twenty-five
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 Phulwariya P.S.
Case No. 240 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than five
Patna High Court CR. MISC. No.21532 of 2026(2) dt.01-04-2026
3/3
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…