Patna High Court

Pradeep RamversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail should be granted to the petitioner, subject to the stipulated bond and surety conditions.

Summary

The petitioner, Pradeep Ram, sought anticipatory bail after being implicated as the owner of a car from which 300 litres of liquor were seized in a case under the Bihar Prohibition and Excise Act. He contended that he had no involvement in the alleged offence and that the prosecution had failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the bail, arguing the seriousness of the offences. The Court examined the lack of direct evidence linking the petitioner to the liquor and the procedural lapse, and consequently ordered that, if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita. The order also referenced the earlier bail granted to a co‑accused in a related matter.

Issues considered

Whether anticipatory bail is warranted in a case involving alleged offences under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.
Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner to justify denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482
liquor seizure
false implication
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.6320 of 2026
                    Arising Out of PS. Case No.-1211 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Pradeep Ram Son of Ghura Ram R/o Village - Imamganj, P.S. - Hussainabad,
                 Dist. - Palamu(Jharkhand).

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :        Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   12-03-2026             Heard Mr. Aman Vishal, learned counsel for the petitioner

                   and Ms. Renu Kumari, learned APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Aurangabad Excise Sadar PS Case No. 1211 of 2025

                   instituted for the offences under Sections 30(a), 32(3), 41(1) &

                   41(2) of the Bihar Prohibition and Excise Act.

                           3.      The prosecution case, in short, is that total 300

                   litres of liquor was recovered from car.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being owner

                   of the car in question. The petitioner has got no concern with the

                   alleged recovery of liquor. The petitioner has no criminal
           Patna High Court CR. MISC. No.6320 of 2026(4) dt.12-03-2026
                                                       2/2




                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner. Other co-accused has been

                     granted bail by this Court vide order dated 19.01.2026, passed

                     in Cr. Misc. No. 925 of 2026.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Aurangabad Excise

                     Sadar PS Case No. 1211 of 2025, subject to the conditions as

                     laid down under Section 482(2) of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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