Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Pramod Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 1150 liters of liquor recovered from a motorcycle and a Bolero car. He claimed innocence, stating he was merely the driver and had no knowledge of the liquor, and that no incriminating material was found in his possession. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the BNSS, 2023 and the petitioner’s prior criminal antecedent. After considering the facts, the court found the circumstances sufficient to grant bail. The court ordered his release on a bail bond of Rs.15,000 with two sureties, imposing conditions regarding family surety and mandatory appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior criminal antecedent.
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition and excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- BNSS
- criminal antecedent
- driver liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2243 of 2026
Arising Out of PS. Case No.-69 Year-2024 Thana- Gurupa District- Gaya
======================================================
Pramod Kumar Son of Kailash Prasad Yadav Resident of Village- Chondhi,
P.S.- Fatehpur, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Adv.
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Gurpa PS
Case No. 69 of 2024 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1150 liters liquor
was recovered from one motorcycle and Bolero car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that the petitioner is the driver of the
Bolero car in question and he has no knowledge regarding the
Patna High Court CR. MISC. No.2243 of 2026(2) dt.19-01-2026
2/2
nature of goods kept in the vehicle. The petitioner is in custody
since 18.11.2025 and has got one criminal antecedent. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed the
prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the
case and the period of custody undergone by the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Gurpa PS Case No. 69 of 2024, subject
to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date fixed
at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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