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Patna High Court

Pramod Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Pramod Kumar Yadav, was arrested in connection with the seizure of 117 litres of illicit liquor and 96 litres of beer, alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt and claiming a clean antecedent. The State opposed the bail. The Court, after considering the facts and submissions, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties of the same amount, subject to conditions including the donation, regular attendance at the police station, and verification of antecedents. The order clarifies that its observations are prima facie and do not affect the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act considering the nature of the offence, the petitioner’s antecedents, and the proposed charitable donation.

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 41
  • surety
  • charitable donation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26169 of 2026
                      Arising Out of PS. Case No.-239 Year-2026 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Pramod Kumar Yadav S/o Arjun Prasad @ Arjun Prasad Yadav Resident of
                 Village- Aktiya, P.S.- Thali, District- Nawada

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Krishna Deo Raj
                 For the Opposite Party/s :        Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Nawada Excise P.S. Case No.

                   239 of 2026, registered for offences punishable under Sections

                   30(a) and 41 of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 117 liters of illicit

                   liquor and 96 liters of beer have been recovered from the

                   vehicle in question which was being driven by the petitioner.

                   The petitioner is in custody since 03.03.2026 and claims clean

                   antecedent.

                                4. Learned counsel for the petitioner submits that the

                   petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees

                   Twenty-Five Thousand only) to a charitable organization,
Patna High Court CR. MISC. No.26169 of 2026(2) dt.22-04-2026
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          without prejudice to his defence and without admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case and the submissions advanced on behalf of the parties,

          the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Nawada Excise P.S.

          Case No. 239 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Math, Village Jharha (near
                          Matua Pahar), P.O.Gurua, Dist. Gayaji, Bihar,
                          and shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Thali Police Station on every 1st and
                          3rd Sunday of each month. In the event of default,
                          the bail bonds shall be liable to be cancelled.

                                       (iii). At the time of acceptance of bail
            Patna High Court CR. MISC. No.26169 of 2026(2) dt.22-04-2026
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                                      bonds, the court below shall verify the antecedents
                                      of the petitioner. The bail bonds shall be accepted
                                      only upon confirmation that the petitioner has no
                                      criminal antecedent. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.



                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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