Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied as a prima facie case under the Bihar Prohibition and Excise Act, 2016 was established.
Summary
The petitioner, Pramod Kumar, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 after police recovered 189 litres of illicit liquor from his car during a chase. He filed an application for anticipatory bail, claiming he was innocent, had no criminal antecedent, and that the FIR was concocted after a discussion with police. The court examined the FIR and seizure list and concluded that a prima facie case existed against the petitioner. Relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court declined to exercise its discretion to grant anticipatory bail. The application was dismissed, though the court indicated that regular bail could be considered if the petitioner surrenders before the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when a prima facie case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 is established
- Whether the precedent set in Ram Vinay Yadav v. State of Bihar (Criminal Appeal (S.J.) No. 431 of 2019) precludes the grant of anticipatory bail in similar circumstances
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- prima facie case
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7927 of 2026
Arising Out of PS. Case No.-389 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Pramod Kumar Son of Chanarika Yadav R/o Village - Ghorwadih, P.S. -
Dobhi, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Sherghati Police Station Case No. 389 of 2025, dated
21.11.2025, disclosing offence under Sections 30(a)/32(3)
of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, on secret information that a person is
coming from Jharkhand towards Gaya in a silver-coloured
car, bearing registration no. BR02BW/6233, carrying
illicit liquor, reached at Karmauni More and when the
said car arrived, on seeing the police, the driver tried to
flee away. The police chased the said car, but the car
driver fled away after leaving the car near Hotel Shital
Patna High Court CR. MISC. No.7927 of 2026(2) dt.17-02-2026
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Chaya. On search of the car, the police recovered 189
litres of illicit liquor.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case by the police. He further submits that the
petitioner had gone to book a hotel for function and hot
discussion took place between the police and the
petitioner, leading to filing of the present false and
concocted First Information Report. He further submits
that the petitioner has got no criminal antecedent.
5. Taking into consideration the fact that from perusal of the
First Information Report and the seizure list, it is apparent
that the illicit liquor has been recovered from the car of
the petitioner, accordingly, on perusal of the First
Information Report and the seizure list, a prima facie case
is made out against the petitioner and in view of the Full
Bench decision of this Court, in Criminal Appeal (S.J.)
No. 431 of 2019 (Ram Vinay Yadav v. The State of
Bihar), I am not inclined to exercise my discretion for
grant of anticipatory bail to petitioner.
6. This application is, accordingly, dismissed.
7. However, if the petitioner surrenders before the
Patna High Court CR. MISC. No.7927 of 2026(2) dt.17-02-2026
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concerned Court and seeks regular bail, the same may be
considered by the concerned Court on its own merit, if
possible on the same date, without being prejudiced by
the rejection of the present anticipatory bail application of
the petitioner by this Court.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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