Patna High Court
Pramod Ray @ Pramod YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Pramod Ray, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 1,000 litres of liquor from a sack near the Ganga river. He argued that he was not arrested at the spot, had no possession of the liquor, and that the location was a public area not belonging to him. The FIR did not name the informant, and the petitioner claimed a clean antecedent. The State opposed his request for anticipatory bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties, verification of his antecedents, and a deposit of Rs. 1,500 with the Advocates’ Association, with confirmation to follow if he is found to have a clean record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the context of alleged offences under the Bihar Excise Act.
- Whether the lack of arrest, possession, and naming of the informant in the FIR justifies granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- bail bond
- public place
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5957 of 2026
Arising Out of PS. Case No.-610 Year-2025 Thana- MALSALAMI District- Patna
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Pramod Ray @ Pramod Yadav S/O Ramchandra Ray R/O Permanent
Address- Nuruddinganj, P.S- Malsalami, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sikandar
For the Opposite Party/s : Ms.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 1000 litres of liquor from a sack near bank of Ganga
river.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.5957 of 2026(2) dt.03-02-2026
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at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution. It
is also submitted that apprehended accused have not taken the
name of the petitioner.
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
Malsalami P.S. Case No. 610 of 2025, 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
Patna High Court CR. MISC. No.5957 of 2026(2) dt.03-02-2026
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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.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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