Patna High Court
Praduman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- BNSS — s. 103
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
Checking your session…