Patna High Court
Pramod Kumar Yadav @ Pramod YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the petition for anticipatory bail, finding insufficient material to justify its denial.
Summary
Petitioner Pramod Kumar Yadav was named in FIR No. 221 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 involving 72 litres of illicit liquor recovered from a motorcycle. The co-accused identified the petitioner, who denied ownership of the vehicle and any participation in the offence, asserting lack of incriminating evidence and citing his criminal antecedent as a motive for false implication. The State opposed anticipatory bail, arguing that the petitioner was a named accused in the FIR. The High Court examined the material, noting the petitioner was not present at the scene and no seized article was found in his possession. Considering these facts, the Court granted anticipatory bail on the condition of a Rs.10,000 bond and two sureties, subject to Section 482(2) of the CrPC, and directed surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted to a named accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the material on record justifies denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8842 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
Pramod Kumar Yadav @ Pramod Yadav S/O Nanhu Yadav R/o Village -
Misrauli, Tola Mushtoli, P.S. -Mirganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Phulwariya P.S. Case No. 221 of 2025
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. As per prosecution case, 72 litre illicit country
made liquor was recovered from motorcycle in question.
Apprehended co-accused Golden Kumar disclosed the name of
the petitioner who fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. Petitioner is not the owner of the said motorcycle in
question. Except disclosure of the apprehended co-accused,
Patna High Court CR. MISC. No.8842 of 2026(2) dt.18-02-2026
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there is nothing on record to demonstrate the complicity of the
present petitioner with the alleged occurrence. Petitioner was
not found at the place of occurrence. No incriminating article
has been recovered from the conscious possession of the
petitioner. In the light of the aforesaid facts and circumstances
of the case, no case is made out against the petitioner under the
provisions of Bihar Prohibition and Excise Act. Petitioner bears
criminal antecedent of five cases. He further submits that just
because of the having criminal antecedent, petitioner has falsely
been implicated in the present case. He further submits that
petitioner has been roped in one case after another in a routine
manner without any basis.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused person and hence, petitioner
cannot escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
Patna High Court CR. MISC. No.8842 of 2026(2) dt.18-02-2026
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released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge – XIII cum Special Excise Court
No. 1, Gopalganj in connection with Phulwariya P.S. Case No.
221 of 2025, subject to the conditions as laid down under
Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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