Patna High Court

Pramod Rajbhar @ Bilayati @ Pramod Kumar Bhar @ Pramod KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.

Summary

Petitioner Pramod Rajbhar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 62.5 litres of liquor near a temple. He argued he had a clean antecedent, no liquor was found in his possession, and the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the bail. The court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedent by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
Whether the lack of possession and clean antecedent justify granting anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 30
clean antecedent
provisional bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28316 of 2026
                    Arising Out of PS. Case No.-53 Year-2026 Thana- RAGHUNATHPUR District- Siwan
                 ======================================================
                 Pramod Rajbhar @ Bilayati @ Pramod Kumar Bhar @ Pramod Kumar S/o
                 Ghanshyam Rajbhar @ Ghanshyam Raj R/o Village - Sagara Tola, Saraiya,
                 P.S.- Raghunathpur, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priyanshu Kumar Singh
                 For the Opposite Party/s :      Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 62.500 liters of liquor from a place near Kali temple

                   at Sagar Tola.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.28316 of 2026(2) dt.29-04-2026
                                            2/3




          and is accessible to villagers at large and he came to be

          implicated at the instance of local person, but then the name of

          the person who disclosed the name of the petitioner is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution, when petitioner has not been implicated based on

          secret information and is a person with clean antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with

          Raghunathpur P.S. Case No. 53 of 2026 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.28316 of 2026(2) dt.29-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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