Patna High Court
Pramod RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted because the accused had a clean antecedent, no direct incriminating material, and the custody period was reasonable.
Summary
The petitioner, Pramod Rai, was arrested in connection with the recovery of 185 litres of liquor from a boat under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating no incriminating material was found on him and that the recovery occurred in a public area. The petitioner had no prior criminal record and had been in custody since 3 November 2025, with alleged non‑compliance of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, but the court considered the clean antecedent, lack of direct evidence, and the duration of custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 affects the grant of bail.
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.277 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Pramod Rai S/O Munarik Ray @ Monarik Rai Residetn of Naya Tola,
Sabnima, P.S- Athmalgola, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, 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 Athmalgola P.S. case
No. 404 of 2025 instituted for the offences under Section
30(a)of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 185 liters
liquor was recovered from boat and the petitioner was arrested
on spot.
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. It is
Patna High Court CR. MISC. No.277 of 2026(2) dt.19-01-2026
2/2
further submitted that recovery has been made from a boat, an
open place accessible to public at large. The petitioner is in
custody since 03.11.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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, clean antecedent 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 on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Athmalgola P.S.
case No. 404 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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