Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail could be granted under Section 482(2) of the B.N.S.S. given the nature of the allegation, the petitioner’s lack of prior record, and the circumstances of the seizure.
Summary
The petitioner, Pramod Kumar, sought anticipatory bail after being implicated in a case where 3.060 litres of foreign liquor were recovered from a motorcycle parked in an orchard, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He contended that he was not present at the time of seizure, did not have exclusive control over the motorcycle, and had no prior criminal record. The State opposed the bail, arguing the seriousness of the offence. The court examined the nature of the allegation, the petitioner’s lack of antecedent, and the circumstances of the seizure. It concluded that the criteria for anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita were satisfied. Consequently, the court granted anticipatory bail subject to a bail bond and sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the facts, including lack of exclusive control and no criminal antecedent, justify granting anticipatory bail despite the alleged possession of foreign liquor.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30
- foreign liquor
- Bihar Prohibition and Excise Act
- Bharitya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34369 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- SARAI District- Vaishali
======================================================
Pramod Kumar Son of Ganesh Ray @ Late Ganesh Ray Resident of Village-
Arara Anrra, Ward No.-06, P.S.-Kajipur Sadar, District- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Adv
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through virtual mode.
2. The Petitioner is apprehending his arrest in
connection with Sarai P.S. Case No. 185 of 2025 dated
12.07.2025, registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution case, from a motorcycle,
3.060 litres of foreign liquor was recovered which was parked in
an abandoned state in an orchard.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that at the time of seizure
none was present, moreover, it is not the case that anyone fled
away after seeing the police party. It has further been submitted
Patna High Court CR. MISC. No.34369 of 2026( 2) dt.19-05-2026
2/2
that petitioner is unaware as to how and under what
circumstances the motorcycle was found in the orchard. It is
further submitted that at the time of seizure of the motorcycle,
the same was not under the exclusive control of the petitioner. It
has lastly been submitted that petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail 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 court concerned,
Vaishali at Hajipur in connection with Sarai P.S. Case No. 185
of 2025, subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rupa/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.