Patna High Court
Praduman Kumar @ Pradhuman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bond, sureties, and verification of criminal antecedents.
Summary
The petitioner, Praduman Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016, alleging that liquor and raw material were recovered from a public riverbank and not from his possession. He argued that the complaint was based on a chowkidar’s statement without proper investigation and that the alleged location did not belong to him. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedents, with a provision that the bail would not be confirmed if more than one prior case is found. The Court directed the trial court to verify antecedents and confirm or dismiss the bail accordingly.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016.
- Whether the circumstances of recovery of liquor from a public riverbank justify denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(c)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90589 of 2025
Arising Out of PS. Case No.-544 Year-2021 Thana- MASAUDHI District- Patna
======================================================
Praduman Kumar @ Pradhuman Kumar Son of Nagendra Yadav Village-
Badroi PS -Masaudhi District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Minu Kumari
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 Sections 30(a) and
30(c) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 15 litres of liquor from bank of a
river along with 6000 litres of raw material which was destroyed
at the spot. 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 is accessible to public at
large and he came to be implicated at the instance of chowkidar
Patna High Court CR. MISC. No.90589 of 2025(2) dt.08-01-2026
2/3
but then it is submitted that if chowkidar was aware of the
involvement of the 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
next submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
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 before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five 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 Masaudhi
P.S. Case No.544/2021, 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
Patna High Court CR. MISC. No.90589 of 2025(2) dt.08-01-2026
3/3
event if it is found that petitioner has antecedent of more than
one case, 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 one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…