Patna High Court
Pramod Kumar @ Pramod MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Pramod Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after illicit liquor was recovered from a motorcycle that he claimed to own but was not entered in the owner’s book. He argued that he was not apprehended at the scene, no contraband was found in his personal possession, and that he had been falsely implicated. The petitioner also highlighted that he had six other cases pending, for which he was already on bail, and had been in custody since 21 March 2026. The State opposed bail, but the court, noting the lack of direct incriminating evidence and the length of custody, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements. The bail was conditioned on the petitioner’s presence in court as required and cancellation upon repeated non‑appearance.
Issues considered
- What is the appropriateness of granting bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts?
- Does the absence of direct recovery from the petitioner’s possession justify bail?
- Are the conditions under Section 480(3) of the B.N.S.S. applicable to this bail order?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition act
- illicit liquor
- Section 30
- Section 480
- criminal procedure
- custody
- ownership dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30267 of 2026
Arising Out of PS. Case No.-113 Year-2022 Thana- SAKSOHRA District- Patna
======================================================
Pramod Kumar @ Pramod Mahto Son of Late Buchai Mahto, Resident of
Village - Jamunichak, Police Station - Barh, District - Patna (Bihar).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Saksohra P.S. Case No. 113 of 2022, dated
09.12.2022, registered for the offence punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, during search of
vehicles, a motorcycle rider fled away on seeing the Police party
leaving behind the motorcycle and on search of a plastic sack
tied with the said motorcycle, recovery of 9 litres of illicit
foreign liquor and and 2.1 litres of illicit country made mahua
liquor was made. Petitioner is stated to be the owner of the said
vehicle.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30267 of 2026(2) dt.11-05-2026
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petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Petitioner was not
apprehended from the spot and nothing incriminating has been
recovered from his conscious possession. Petitioner has
purchased the motorcycle in question through Notary public, but
the name of the petitioner was not entered into the owner book
and therefore he returned the motorcycle. Learned counsel next
submits that petitioner is having antecedent of six cases and he
is on bail in all the cases. Learned counsel lastly submits that
petitioner is in custody since 21.03.2026 and chargesheet has
been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that petitioner was not apprehended from the spot and no
recovery has been shown from him and further considering his
period of custody, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court, Barh (Patna) / concerned Court, in
Patna High Court CR. MISC. No.30267 of 2026(2) dt.11-05-2026
3/3
connection with Saksohra P.S. Case No. 113 of 2022, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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