Patna High Court
Pramod SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to a bail bond, sureties, verification of antecedents, and compliance with Section 482(2) of the B.N.S.S.
Summary
Petitioner Pramod Singh applied for anticipatory bail in a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for alleged recovery of 146.88 litres of liquor from his vehicle. He argued that he was not present at the spot, the liquor was not in his conscious possession, and that his driver, who fled, misused the vehicle without his knowledge. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and comply with Section 482(2) of the B.N.S.S., and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The petitioner also undertook to deposit Rs.2,500 with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s ownership of the vehicle implicates him despite lack of conscious possession of the liquor.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied for granting provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 482(2)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6209 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Pramod Singh Son of Late Sagar Singh Resident of Village - Balganga, P.S. -
Raghunathpur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 41(1) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 146.88 litres of liquor from a car. It
is next submitted that 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 seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus, would create evidence against himself and hence, would
Patna High Court CR. MISC. No.6209 of 2026(2) dt.04-02-2026
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get implicated. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged, who also fled from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Special
Judge, Excise Court No.-1, Motihari, East Champaran in
connection with Sugauli P.S. Case No.355 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.6209 of 2026(2) dt.04-02-2026
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this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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