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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions.

Summary

Petitioner Pramod Kumar sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 20 litres of liquor from his motorcycle. He argued that he was not in possession of the liquor, was not arrested at the spot, and was unaware that another person, Ramji Singh, would misuse his vehicle. The State opposed the bail, contending that ownership of the vehicle implicated him. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a bail bond of Rs.5,000 with two sureties and subject to Section 482(2) of the CrPC, directing the trial court to verify his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether ownership of the vehicle used in the alleged offence is sufficient to justify arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71303 of 2025
                     Arising Out of PS. Case No.-80 Year-2025 Thana- SIKARHATTA District- Bhojpur
                 ======================================================
                 Pramod Kumar S/O Prayag Singh R/O Village- Jaynagar, P.S- Sarthua, Distt.-
                 Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Priya, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 20 litres of liquor from a motorcycle.

                   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 the 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
Patna High Court CR. MISC. No.71303 of 2025(3) dt.07-01-2026
                                            2/3




          hence, would get implicated. It is also submitted that petitioner

          was completely unaware that Ramji Singh would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot along with Chandeshwar Singh.

                       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.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No.-2nd, Bhojpur at Ara in connection with

          Sikarhatta P.S. Case No.80 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 bonds 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 one case, then

          it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.71303 of 2025(3) dt.07-01-2026
                                                           3/3




                         obtaining anticipatory bail had concealed his antecedent before

                         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 one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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