Patna High Court
Pramod Kumar @ Pramod Yadav @ Pramod JadhavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pramod Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 47(A) and 47(F) of the Bihar Excise Act for alleged recovery of 140 litres of liquor and 460 kg of fermented jawa mahua. He contended that the alleged contraband was seized from a public riverbank, not from his possession, and that the complaint was filed by a hostile chowkidar with whom he has an inimical relationship. The petitioner argued that the police had mechanically implicated him without proper investigation, and that no prior information was given by the chowkidar. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. It further stipulated that if more than one prior case is found, the provisional bail would not be confirmed, whereas confirmation would follow if only one antecedent case is discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 47(A) and 47(F) of the Bihar Excise Act
- Whether the circumstances of alleged recovery and lack of possession justify the grant of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 47A
- Section 47F
- criminal procedure
- public place recovery
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22328 of 2026
Arising Out of PS. Case No.-15 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Pramod Kumar @ Pramod Yadav @ Pramod Jadhav S/o Mithu Yadav R/o
Village- Sitgir, PS- Rajauli, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 offences punishable under Sections 47(A) and
47(F) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 140 litres of liquor along with 460
kg of fermented jawa mahua from a place near a river.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.22328 of 2026(2) dt.08-04-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
the involvement of the petitioner in the occurrence, then why he
did not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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 before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees 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 G.O P.S.
Case No. 15 of 2015 subject to the conditions as laid down
Patna High Court CR. MISC. No.22328 of 2026(2) dt.08-04-2026
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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 more
than 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
verification if it is found that petitioner has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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