Created by Fuzzy Cloud

Patna High Court

Pramod Ray @ Pramod YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.