Patna High Court
Pramod Kumar @ Pramod SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond and conditions, as the evidence did not directly implicate him.
Summary
Petitioner Pramod Kumar sought anticipatory bail after the police alleged his involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, based solely on a confessional statement of co‑accused Chhathu Manjhi. The police had recovered illegal Mahua wine from the homes of Chunni Devi and Chhathu Manjhi, but no liquor was found with the petitioner, who was not present at the scene. The petitioner argued that he was innocent, had no recovery against him, and had previously been acquitted in an unrelated case. The State opposed the bail, contending that the confession linked the petitioner to the crime. The court examined the evidence, noted the lack of direct recovery from the petitioner and his prior acquittal, and consequently granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the CrPC and verification of his criminal antecedents.
Issues considered
- What is the appropriateness of granting anticipatory bail when the only link to the petitioner is a co‑accused's confessional statement and no direct recovery?
- Does the petitioner’s prior acquittal in an unrelated case affect the grant of anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) CrPC
- bail conditions
- prior acquittal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35495 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- HULASGANJ District- Jehanabad
======================================================
Pramod Kumar @ Pramod Sao Son of Late Madhu Sao Resident of Village-
Hulasganj, P.S.- Hulasganj in the district of Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Hulasganj P.S. Case No. 106 of 2026, for allegedly having
committed offence under Section 30(a) of the Bihar Prohibition
and Excise Act, 2022.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to
the effect that on 28.03.2026, while he along with police party
was on morning patrolling duty, he received a confidential
information that one Chunni Devi at village Kasiyawan is
selling illegal liquor. To verify the authenticity of the said
information, the informant along with the police party reached
there and upon seeking the police, the said Chunni Devi
Patna High Court CR. MISC. No.35495 of 2026(2) dt.21-05-2026
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succeeded in fleeing away. On search 10 litres of Mahua wine
was recovered from the main gate of Chunni Devi. A seizure list
was prepared. Further, on information, the petitioner reached
Raghunathpur Tola and apprehended one Chhathu Manjhi with
illegal wine and on seeing the police, one person succeeded in
fleeing away. On search, 3 litres of Mahua wine was recovered
kept in a plastic bottle from the house of arrested person,
Chhathu Manjhi.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence,
rather his name has transpired in the present case on the basis of
the confessional statement of co-accused, Chhathu Manjhi. He
further submits that 3 litres of Mahua wine was recovered from
the house of Chhathu Manjhi and no recovery has been made
from the petitioner, since he was not present at the place of
occurrence. He further submits that the petitioner is an accused
in Hulasganj P.S.Case No.339 of 2017 under different sections
of the Indian Penal Code, however he has been acquitted in the
said case on the basis of compromise.
5. The learned A.P.P. for the State opposes the prayer
for grant of anticipatory bail to the petitioner.
7. Having considered the rival submissions and after
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going through the records, it appears that 3 litres of Mahua wine
was recovered from the house of Chhathu Manjhi and on the
basis of the confessional statement given by him, the name of
the petitioner has transpired in the present case. The petitioner
was not present at the place of occurrence, therefore there is no
question of any recovery from him. Further, the petitioner was
an accused in one other case, however he has been acquitted in
the said case.
8. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on 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
Chief of Special Excise Judge-1, Jehanabad in connection with
Hulasganj P.S. Case No.106 of 2026, subject to the conditions
laid down under Section 482(2) of the B.N.S.S. with a further
condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner haa concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
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the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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