Patna High Court
Pradip Ram @ Pradip DomversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Pradip Ram, sought anticipatory bail after being implicated in a case under Section 30(A) of the Bihar Prohibition and Excise Act for alleged sale of illicit liquor. The prosecution alleged that a raid, based on a tip-off, recovered 80 litres of country-made liquor and identified the petitioner as the seller. The petitioner contended that he was falsely implicated, that the seizure was conducted in an open public place without proper legal procedure, and that he had previously declined to act as a spy for the informant. The State opposed the anticipatory bail, arguing the seriousness of the offence. The court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, directing the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(A) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor complied with lawful procedure.
- Whether Section 482(2) of the Bharitya Nagrik Suraksha Sanhita permits the grant of anticipatory bail in the present circumstances.
Subjects
- anticipatory bail
- illegal liquor
- seizure
- bail conditions
- criminal procedure
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23643 of 2026
Arising Out of PS. Case No.-1269 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Pradip Ram @ Pradip Dom S/O Dewali Ram @ Dewali Dom @ Diwali Ram
R/O Village- Meenabazar Domkhana, Kudapar, near Sitla Mandir, P.S-
Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Alamganj P.S. Case No. 1269 of 2025
registered for the offences punishable under Sections 30(A) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on a tip-off on a secret
information regarding the sale of illicit liquor, the informant,
along with police personnel, conducted a raid near a temple. It
has been alleged that upon reaching the spot, one person fled
away, and from that place, 80 litres of country-made liquor was
recovered in a concealed state. Upon enquiry from nearby
people, it came to the knowledge of the informant that the
petitioner used to sell illicit liquor from that place.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.23643 of 2026(2) dt.22-04-2026
2/2
that the petitioner is innocent and has been falsely implicated in
this case as the petitioner had declined the offer of the informant
to act as a spy. It has further been submitted that the recovery
was made from an open place which is accessible to everyone.
Moreover, no lawful procedure was followed with regard to the
search and seizure. Lastly, it has been submitted that the
petitioner has two criminal antecedents in which he is in on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Patna, in connection with Alamganj P.S. Case No. 1269 of 2025,
subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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