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Patna High Court

Pramod SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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