Patna High Court
Pramod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent, under Section 482(2) of the BNSS.
Summary
The petitioner, Pramod Kumar Singh, was implicated in a case under Sections 30(a) and 47 of the Bihar Excise Act for allegedly recovering 34 litres of liquor from a motorcycle that he owned. He argued that he had no knowledge of the alleged offence, was not arrested at the spot, and had a clean criminal record. The State opposed his request for anticipatory bail. The High Court, after considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, and directed verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of illicit liquor.
- Whether the petitioner’s clean antecedent and lack of direct possession justify granting anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 47
- Bihar Negotiable and Settlement Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- clean antecedent
- Bihar Excise Act
- Section 30
- Section 47
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39780 of 2026
Arising Out of PS. Case No.-161 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Pramod Kumar Singh S/o Baccha Lal Singh Resident of - Majhawalia,
Bishwar, Siwan, P.S - Siwan, District - Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Majid Mahboob Khan
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) nad
47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 34 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.39780 of 2026(2) dt.23-06-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Excise Siwan P.S. Case No. 161 of 2026
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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