Patna High Court
Prashuram Prasad @ Parsgram PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Prashuram Prasad, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 1.440 litres of liquor from a hotel he owned. He argued that he had no prior criminal record, the liquor was not found in his possession, and the case was based solely on statements made by others in police custody, which lack evidentiary value. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bond and sureties, and directed the trial court to verify the petitioner’s antecedent before confirming the bail. The order stipulated that if any prior case is discovered, the bail would be presumed obtained by concealment and would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) in a case under the Bihar Excise Act
- Whether the statements of co-accused made in police custody constitute sufficient basis to deny bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (or Criminal Procedure) Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42753 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- EXCISE MAHAMMADPUR District-
Gopalganj
======================================================
Prashuram Prasad @ Parsgram Prasad S/O Late Bageshwari Prasad R/O
village - Mathiya Tola, Batardey, P.S.- Barauli, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar
For the Opposite Party/s : Ms. Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1.440 liters of liquor from a hotel situated under an
over bridge.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 hotel. It is
Patna High Court CR. MISC. No.42753 of 2026(2) dt.02-07-2026
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next submitted that no prudent person would use his own
business premises for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is also submitted that hotel is a place where customers come
and it might be a possibility that some customers came with
liquor and left when police came and petitioner came to be
implicated based on confessional statement of Mantu and Sonu
in police custody which does not have any evidentiary value.
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 before the learned Trial Court
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
(Mahamadpur) P.S. Case No. 22 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
Patna High Court CR. MISC. No.42753 of 2026(2) dt.02-07-2026
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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
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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