Patna High Court

Pramod Kumar @ Pramod YadavversusThe State of Bihar

Decided: 8 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent, with confirmation only if he has a clean record.

Summary

The petitioner, Pramod Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 300 litres of liquor from six motorcycles, one of which he owned. He argued that he had no knowledge of his friend Ravi's misuse of the vehicle and that no liquor was found in his possession. The State opposed his request for anticipatory bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the bail will not be confirmed; if his antecedent is clean, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise Act.
Whether ownership of a vehicle used in the alleged offence suffices to deny anticipatory bail.
Whether the petitioner’s criminal antecedent must be verified before confirming anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
ownership of vehicle
criminal antecedent
Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22245 of 2026
                      Arising Out of PS. Case No.-24 Year-2025 Thana- LACHHUAR District- Jamui
                 ======================================================
                 Pramod Kumar @ Pramod Yadav S/o Nakul Yadav R/o Village - Panch
                 Mahua, P.S - Sikandra, District - Jamui

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar Sinha
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                     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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 300 liters of liquor from six motorcycles.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of one of the

                   seized vehicles, it is next submitted that no prudent person

                   would his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.22245 of 2026(2) dt.08-04-2026
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          would create evidence against himself and hence would get

          implicated, it is also submitted that petitioner was completely

          unaware that his friend Ravi would misuse the vehicle in the

          manner as alleged who was also apprehended from the spot.

                       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, 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 Lachhuar P.S. Case No. 24 of 2025 subject to

          the conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
           Patna High Court CR. MISC. No.22245 of 2026(2) dt.08-04-2026
                                                       3/3




                     verification if it is found that petitioner has clean antecedent, in

                     that event the provisional anticipatory bail order shall be

                     confirmed forthwith.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T

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