Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to a bail bond, sureties and verification of criminal antecedents, with confirmation contingent on the verification outcome.
Summary
Petitioners Pramod Kumar and Amresh Kumar sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 30(c) and 30(d) of the Bihar Excise Act for alleged recovery of 60 litres of liquor and 1500 kg of jawa mahua. They contended that they were not arrested on the spot, no contraband was found in their possession, and that a hostile chowkidar had falsely implicated them. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 each, two sureties, and verification of the petitioners' criminal antecedents under Section 482(2) of the BNSS. The order stipulated that if petitioner 1 is found to have any antecedent or petitioner 2 more than two, the bail would be cancelled; otherwise it would be confirmed. The provisional bail was thus granted pending verification.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Sections 30(a), 30(c) and 30(d) of the Bihar Excise Act.
- Whether the absence of possession of the alleged contraband and alleged false implication justify the grant of anticipatory bail.
- Whether the court may condition anticipatory bail on verification of the petitioners' criminal antecedents under Section 482(2) of the BNSS.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offences
- criminal antecedent
- Section 482(2)
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22334 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- BELAGANJ District- Gaya
======================================================
1. Pramod Kumar Son of Girjanand Yadav Resident of village- Gaharpur, Ps-
Belaganj, Dist- Gaya Ji
2. Amresh Kumar @ Abhishek Kumar son of Jamuna Yadav Resident of
village- Gaharpur, Ps- Belaganj, Dist- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar Singh
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State, Sri Rabindra Kumar.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a),
30(c) and 30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner files a
supplementary affidavit.
4. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of two cases, as would manifest from the
supplementary affidavit and allegation is of recovery of 60 litres
of liquor along with 1500 kg of jawa mahua from a place near a
Patna High Court CR. MISC. No.22334 of 2026(2) dt.08-04-2026
2/3
furnace.
5. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and they came to be implicated at the instance of
Chowkidar with whom they are on an inimical term. It is next
submitted that if Chowkidar was aware about the involvement
of the petitioners 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 also submitted that
of late police has started implicating accused with criminal
antecedent in cases relating to Excise for obvious reasons
without holding a proper investigation.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.22334 of 2026(2) dt.08-04-2026
3/3
of the learned trial court where the case is pending/successor
court in connection with Belaganj P.S. Case No. 109 of 2026,
subject to the conditions as laid down under Section Section
482(2) of the BNSS.
8. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of even
one case and petitioner no. 2 has antecedent of more than two
cases then it would be presumed that petitioners, for the purposes
of seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 is a person with clean antecedent and
petitioner no. 2 has antecedent of two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…