Created by Fuzzy Cloud

Patna High Court

Praduman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 482(2).

Summary

The petitioner, Praduman Kumar, applied for anticipatory bail in connection with Excise P.S. Case No. 870 of 2025, alleging offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution claimed that a raid on a temporary hut led to the seizure of 228.200 litres of country‑made liquor and a motorcycle, and that the petitioner fled the scene while a co‑accused was apprehended. The petitioner contended that he was not present at the spot, that the hut and motorcycle did not belong to him, and that the seizure violated Section 103 of the BNSS. The State opposed the bail. After hearing both sides, the court ordered that, if arrested within six weeks, the petitioner be released on bail upon furnishing a Rs. 10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged violations of Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the seizure of the hut and motorcycle contravenes Section 103 of the BNSS.
  • Whether the petitioner is entitled to bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure
  • bail bond
  • Section 482
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23897 of 2026
                      Arising Out of PS. Case No.-870 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Praduman Kumar Son of Ramkishun Mahato R/o Raghunandanpur, P.S. -
                 Phulwariya, Gopalganj.
                                                                      ... ... Petitioner
                                             Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Prince Kumar Mishra
                                                    Ms. Priyanka Kumari
                 For the Opposite Party/s :         Mr.Ramesh Chandra
                 ======================================================
                 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. This application for anticipatory bail arises out

                   of Excise P.S. Case No. 870 of 2025 for the offence punishable

                   under Sections 30(a) and 32 of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                    3. As per the prosecution case, on a secret

                   information, a temporary hut was raided, two persons started

                   fleeing away, wherein it has been alleged that co-accused was

                   apprehended while this petitioner managed to flee away.

                   Thereafter, it is alleged that 228.200 liters of country made

                   liquor was recovered and one motorcycle parked nearby was

                   also recovered.

                                    4. Learned counsel for the petitioner has submitted
          Patna High Court CR. MISC. No.23897 of 2026(2) dt.22-04-2026
                                                      2/2




                    that the petitioner was not arrested at the spot. It has been

                    submitted, referring to paragraph 8 of the anticipatory bail

                    application, that the alleged hut and the seized motorcycle does

                    not belong to the petitioner. It has been further submitted that in

                    fact the petitioner has been made accused by the local police as

                    he has been accused in two cases earlier. The search and seizure

                    is also in violation of Section 103 BNSS.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                    Considering the facts and circumstances, let the petitioner above

                    named, in the event of his arrest/surrender within six weeks

                    from today in the Court below, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned Additional

                    Sessions      Judge-IV-cum-Special             Judge,   Excise   Court-II,

                    Gopalganj, in connection with Excise P.S. Case No. 870 of

                    2025, subject to the conditions as laid down under Section

                    482(2) of the Bhartiya Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.