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Patna High Court

Pramod Rai @ Pramod Yadav @ Pramod Ray @ Prmod Ray @ Parmod Ray @ Parmod YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Pramod Rai, was arrested in connection with the alleged possession of 200 litres of illicit country-made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case relied on a seizure made in an open place, but the petitioner contended that the seizure violated the mandatory provisions of Section 105 of the BNSS and that no liquor was recovered from his possession. He had been in judicial custody since 3 April 2026 and claimed innocence, despite having one prior similar criminal antecedent. The State opposed the bail application, while the petitioner’s counsel argued procedural irregularities and the right to bail. The High Court, after considering the facts, granted regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties to the Exclusive Special Court of Excise.

Issues considered

  • Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure of the alleged liquor complied with the procedural requirements of Section 105 of the BNSS.
  • Impact of the petitioner’s prior criminal antecedent on the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • seizure procedure
  • Section 105
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29058 of 2026
                      Arising Out of PS. Case No.-617 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Pramod Rai @ Pramod Yadav @ Pramod Ray @ Prmod Ray @ Parmod Ray
                 @ Parmod Yadav S/o Ramchandra Ray @ Ramchandra Rai R/o Vill-
                 Nuruddin Ganj, P.S- Malsalami, Dist-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with a case registered for the offence punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in brief, is that

                   altogether 200 litres of country-made liquor was recovered, and

                   it is alleged that certain persons fled away upon seeing the

                   police. The name of the present petitioner has surfaced on the

                   basis of information provided by local persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case. It is further submitted that nothing has been
            Patna High Court CR. MISC. No.29058 of 2026(2) dt.06-05-2026
                                                        2/2




                      recovered from the possession of the petitioner. It is evident

                      from the seizure list itself that the recovery was made from an

                      open place. It is also contended that the witnesses to the seizure

                      list are police personnel, and the mandatory provisions of

                      Section 105 of the BNSS have not been complied with while

                      effecting the seizure. It is further submitted that the petitioner

                      has been languishing in judicial custody since 03.04.2026 and

                      has one criminal antecedent of similar nature.

                                    5. Learned APP appearing for the State has opposed

                      the prayer for regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this Court is inclined to enlarge the petitioner on

                      bail. Accordingly, the petitioner, above-named, is directed to be

                      released on bail in connection with Malsalami P.S. Case No. 617

                      of 2025, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Court of Excise,

                      Patna City, Patna.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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