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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to a bond of ₹30,000 and compliance with conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Pramod Kumar, was implicated in a case (PS Case No. 170 of 2025) for allegedly transporting 6.3 litres of Indian Made Foreign Liquor on a motorcycle, based mainly on the recovery of his mobile phone from the vicinity of the incident. He contended that he owned neither the motorcycle nor the liquor and that the mobile phone evidence was insufficient to establish guilt. The State opposed bail, emphasizing the seriousness of the excise offence. The Court examined the bail provisions under the Bharatiya Nagrik Suraksha Sanhita, 2023 and considered the petitioner’s clean antecedent and lack of direct involvement. It held that bail could be granted subject to a bond of ₹30,000 and compliance with conditions under Section 482(2) of the same Act. Consequently, the petitioner was ordered to be released on bail if arrested or surrendered within four weeks.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 based on the circumstances of the arrest.
  • Whether the mobile phone recovered from the scene constitutes sufficient evidence to deny bail.

Legislation cited

Subjects

  • bail
  • excise offence
  • prohibition law
  • mobile phone evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26935 of 2026
                      Arising Out of PS. Case No.-170 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Pramod Kumar son of Anil Ray Resident of village -Barka Chanda PS
                 -Koilwar District -Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Niraj Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Koilwar P.S. Case No. 170 of 2025 registered on

                   21.07.2025 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per prosecution, total recovery of 6.3 liters

                   Indian Made Foreign Liquor loaded on a motorcycle, is the

                   subject matter of the present case.

                                4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. In fact, the petitioner has been made accused in the

                   present case only because his mobile phone was recovered from

                   the nearby place of occurrence. The petitioner has a clean
            Patna High Court CR. MISC. No.26935 of 2026(2) dt.22-04-2026
                                                        2/2




                      criminal antecedent. Moreover, the petitioner is not the owner of

                      the alleged motorcycle from which the recovery was made.

                                   5. Learned APP for the State opposes the prayer for

                      bail of the petitioner and submits that the antecedent of the

                      petitioner is clean.

                                   6. In the facts and circumstances, let the above named

                      petitioner be released on bail, in the event of arrest or surrender

                      before the Trial Court within a period of four weeks from today,

                      on furnishing bail bond of ₹30000/- (thirty thousand) as

                      mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,

                      Excise-II, Bhojpur at Ara, in connection with Koilwar P.S. Case

                      No. 170 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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