Patna High Court
Pramod RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties and verification of antecedent.
Summary
The petitioner, Pramod Ram, was implicated in a case under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Amendment Act for allegedly recovering 50 litres of liquor from five sacks. He argued that he has a clean antecedent, that the liquor was not in his conscious possession, and that the location of the alleged recovery does not belong to him. The petitioner sought anticipatory bail, contending that the chawkidar who implicated him failed to inform the police earlier, casting doubt on the prosecution’s case. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, directing verification of the petitioner’s antecedent before confirming the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise Amendment Act
- Whether the petitioner’s alleged lack of possession and clean antecedent justify the grant of bail
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 BNSS
- Bihar Prohibition and Excise Amendment Act
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91273 of 2025
Arising Out of PS. Case No.-87 Year-2025 Thana- Bhopatpur District- East Champaran
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Pramod Ram S/o- Bhuaali Ram R/v- Pokhara PS - Kotwa Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 offences punishable under Sections 30(a), 32
and 41(1) of the Bihar Prohibition and Excise Amendment Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from five sacks.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
petitioner has no concern with the sack in question and came to
be implicated at the instance of the Chawkidar but then it is
Patna High Court CR. MISC. No.91273 of 2025(2) dt.12-01-2026
2/3
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let 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 released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) 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
Bhopatpur P.S. Case No. 87 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
Patna High Court CR. MISC. No.91273 of 2025(2) dt.12-01-2026
3/3
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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