Patna High Court

Pramod KumarversusThe State of Bihar

Decided: 25 June 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was granted to the petitioner as there was no prima facie evidence of his possession or involvement in the illegal liquor seizure.

Summary

The petitioner, Pramod Kumar, was not named in the FIR but was implicated by police suspicion in an illegal liquor case involving the seizure of 388.8 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution alleged that a mobile phone seized from the scene linked him to the crime, but no material evidence established his ownership or possession of the device or the liquor. The petitioner, already on bail for two similar offences, applied for anticipatory bail, which the Additional Public Prosecutor opposed. The court observed that the recovery of liquor did not prima facie show the petitioner's possession and that there was no substantive link to him, and therefore granted anticipatory bail subject to a bond and sureties, invoking Sections 438(2) of the CrPC and 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted when the petitioner is not named in the FIR and no material links him to the seized liquor.
Whether the recovery of illicit liquor constitutes possession sufficient to deny bail.
Applicability of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act to the petitioner.
Whether the conditions under Section 438(2) CrPC and Section 482(2) BNSS justify granting bail.

Legislation cited

Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
illegal liquor
possession
FIR
bail
excise law
CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41005 of 2026

                   Arising Out of PS. Case No.-132 Year-2026 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Pramod Kumar, S/o Dhanik Lal Mahto, R/o -Rampura, P.S- Kalyanpur, Dist-
                 Samastipur
                                                                         ... ... Petitioner
                                                Versus
                 The State of Bihar Patna
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Amar Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026                          Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                 2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Kalyanpur

                   P.S. Case No.132 of 2026 registered under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act.

                                 3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 388.8 litres of IMFL/country-made liquor.

                                 4. It is submitted by learned counsel appearing for

                   petitioner that the petitioner’s name has been surfaced solely

                   on the suspicion of the police that he was the user of the
Patna High Court CR. MISC. No.41005 of 2026(2) dt.25-06-2026
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          seized mobile phone bearing No. 7033990813. However, the

          petitioner is neither the user nor the owner of the said

          mobile phone, and no material has been brought on record

          to establish his connection with the device. It is submitted

          that nothing has been recovered from the conscious

          possession of the petitioner. The petitioner has two criminal

          antecedent of similar nature in which he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking of note of fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to 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 Exclusive Special Judge, Excise-I,

          Samastipur in connection with Kalyanpur P.S Case No.132 of

          2026, subject to the conditions as laid down under Section
           Patna High Court CR. MISC. No.41005 of 2026(2) dt.25-06-2026
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                     438(2) of the CrPC/under Section 482(2) of the BNSS .


                                                    (Chandra Shekhar Jha, J)
    Raushan/-

U      T

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