Patna High Court
Pramod Kumar Gupta @ Pramod SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail, holding that mere ownership of the vehicle without possession of contraband and a clean record does not justify denial of bail.
Summary
The petitioner, Pramod Kumar Gupta, applied for anticipatory bail fearing arrest in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 7 litres of illicit liquor was seized from a motorcycle he owned. The prosecution alleged that the three accused escaped after the seizure, implicating the vehicle’s registered owner. The petitioner contended that no incriminating article was found in his possession and that he was falsely implicated solely because he is the registered owner, emphasizing his clean criminal record and willingness to cooperate. The State opposed the bail application. After hearing both sides, the court noted the absence of any seized contraband from the petitioner and his lack of antecedents, concluding that mere ownership does not justify arrest. Consequently, the court ordered that, upon arrest or surrender within four weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted when the accused is only the registered owner of a vehicle from which contraband was seized and no incriminating article is found in his possession
- Whether the petitioner’s clean criminal record and cooperation warrant bail despite the FIR allegations
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- seizure of liquor
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31224 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- CHENARI District- Rohtas
======================================================
Pramod Kumar Gupta @ Pramod Sah S/O Dhanraj Sah Resident of Village-
Nayakpur, P.S- Chenari, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nandani Kumari, Advocate
Mr. Siddharth Harsh, Advocate
Mr. Vishal Singh, Advocate
Mr. Rahul Singh, Advocate
Mr. Shashank Chouhan, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Chenari P.S. Case no. 63 of 2026, registered under section
30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, while the three accused
persons, seeing the police personnel managed to escape, on
search 7 litres of country liquor was recovered from the
motorcycle in question.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession and he has been falsely implicated in the case only
for the reason that he happens to be the registered owner of the
Patna High Court CR. MISC. No.31224 of 2026(2) dt.13-05-2026
2/2
vehicle. The petitioner has no criminal antecedent and
undertakes to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R., no incriminating article having been recovered from
the petitioner’s possession and the petitioner having been
implicated in the case for the reason of his being the registered
owner of the vehicle from which the seizure is said to have
taken place together with the petitioner not having any criminal
antecedent, it is directed that the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Chenari P.S. Case no. 63 of 2026 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise Court no.1, Sasaram, District-
Rohtas.
(Partha Sarthy, J)
Shiv/-
U T
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