Patna High Court

Pramod Yadav @ Pramod ChaudharyversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Pramod Yadav, sought bail in a case (Excise P.S. Case No. 598 of 2025) alleging possession of 800 ml of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was recovered from the petitioner, while the petitioner claimed innocence, stating no incriminating material was found in his conscious possession and that he was falsely implicated. The State opposed bail, but the court noted the petitioner had been in custody since 20‑09‑2025, had nine prior criminal antecedents, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the facts and the period of custody, the court inclined to grant bail, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and future offences. The bail was ordered to be released after framing of charge, if not already done.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2626 of 2026
                     Arising Out of PS. Case No.-598 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Pramod Yadav @ Pramod Chaudhary S/o- Ramnarayan Chaudhary Resident
                 of Village- Sadhu Chauk, Ganga Narsari, Ward No 6, PS- Gopalganj Nagar
                 District- Gopalganj
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :        Mr.Braj Kishore Pd.(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

                   Gopalganj Excise P.S. Case No. 598 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 800 ML

                   liters of country made liquor was recovered from the possession

                   of the petitioner.

                                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. The real
Patna High Court CR. MISC. No.2626 of 2026(2) dt.19-01-2026
                                            2/3




          miscreant fled away throwing his liquor and petitioner has

          falsely been implicated in this case. The petitioner is in custody

          since 20.09.2025 and has got nine criminal antecedents. There

          is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                       5. Learned APP 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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Gopalganj Excise P.S. Case No. 598 of

          2025, 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.
           Patna High Court CR. MISC. No.2626 of 2026(2) dt.19-01-2026
                                                       3/3




                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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