Patna High Court
Pramod SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Pramod Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 30 litres of liquor were recovered from a location not belonging to him and that a hostile chowkidar implicated him. He argued that no liquor was found in his possession, he would cooperate with investigation, and the police were targeting persons with prior cases without proper inquiry. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing bail bonds of Rs.15,000 with two sureties and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. If more than three prior cases are found, the bail would not be confirmed; if exactly three, it would be confirmed. The order directs the trial court to verify antecedents and act accordingly.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- liquor offence
- Bihar Prohibition Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8895 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
Pramod Sah Son of Pradip Sah Resident of Village- Kauriya Raipur, P.S.-
Nanpur, District- Sitamarhi (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Adv.
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The 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 three cases and allegation is of
recovery of 30 litres of liquor from a place near an orchard. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place, which does not belong to
the petitioner and he came to be implicated at the instance of
chowkidar with whom he is on an inimical term. It is also
submitted that if chowkidar was aware of the involvement of the
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petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is also submitted that
of late police has started implicating accused who carry criminal
antecedent without holding a proper investigation. It is also
submitted that petitioner will not abscond rather will cooperate
in the investigation to prove his innocence.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Nanpur P.S. Case No.404/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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