Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
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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