Patna High Court
PRAMOD KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties and conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Pramod Kumar, a driver, was arrested after his vehicle was stopped and 80.100 litres of foreign liquor was recovered, leading to charges under Sections 30(a), 32(i)&(iii) and 41(i)&(ii) of the Bihar Prohibition & Excise Act. He claimed he had no knowledge of the contraband and was merely a driver, seeking bail while already in custody since 1 May 2026 and having antecedent cases for which he was on bail. The State opposed the bail application. The Court, after considering the nature of the seizure, the petitioner’s custody period, and his claim of innocence, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety and attendance requirements. The bail bond stipulated cancellation if the petitioner missed three consecutive court dates or violated any condition. The order was pronounced by Justice Arun Kumar Jha.
Issues considered
- Whether bail should be granted to the petitioner charged under the Bihar Prohibition & Excise Act for possession of foreign liquor
- Whether the petitioner’s claim of lack of knowledge and role as driver justifies bail despite the nature of the seizure
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
- BNSS — s. 480(3)
Subjects
- bail
- excise
- prohibition
- foreign liquor
- driver
- Bihar Prohibition & Excise Act
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37743 of 2026
Arising Out of PS. Case No.-208 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Pramod Kumar, Son of Hari Prasad Singh, R/o village Sahara Godam, Chhoti
Pahari, P.S.- Bypass, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Bhabua Excise P.S. Case No. 208 of 2026,
registered for the alleged offence under Sections 30(a), 32(i) &
(iii), 41 (i) & (ii) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the vehicle being driven
by the petitioner was stopped by the team of the informant and
from search of the vehicle, recovery of 80.100 liters of country
made foreign liquor was made and the petitioner was
apprehended.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.37743 of 2026(2) dt.17-06-2026
2/3
person/possession of the petitioner. The petitioner was merely a
driver of the vehicle and has no knowledge about the
consignment of the illicit liquor in the vehicle. The petitioner is
in custody since 01.05.2026. The petitioner is having
antecedents of two cases and he is on bail in that cases.
5. Learned APP for the State opposes the submission
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
nature of recovery and further considering the period of custody
of the petitioner, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise-II,
Kaimur at Bhabua/court concerned in connection with Bhabua
Excise P.S. Case No. 208 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the 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.
Patna High Court CR. MISC. No.37743 of 2026(2) dt.17-06-2026
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(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)
V.K.Pandey/-
U T
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