Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Pramod Kumar, was arrested after 700 litres of spirit were recovered from a pick‑up vehicle and faces charges under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. He contended that he is merely the driver, not the owner, had no knowledge of the contraband, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner argued innocence and highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the court found the circumstances sufficient to grant bail. Accordingly, the court ordered his release on bail with a bond of Rs. 15,000 and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
- Whether the accused’s role as driver without knowledge of the goods negates the charge for bail consideration.
Legislation cited
Subjects
- bail
- prohibition and excise
- criminal procedure
- Bihar law
- Section 30(a)
- Section 32
- Section 41(1)
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91654 of 2025
Arising Out of PS. Case No.-418 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Pramod Kumar Son of Rajendra Rai @ Rajendra Ray Resident of village -
Sobaiya, P.S.- Kotwa, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kotwa
P.S. Case No. 418 of 2025, instituted for the offences punishable
under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 700 liters
spirit was recovered from pick-up vehicle and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.91654 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of spirit. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the vehicle in question rather he is driver of that
vehicle and has got no knowledge with regard to the nature of
goods loaded in the vehicle. The petitioner is in custody since
27.11.2025 and has got one criminal antecedent in which he is
on bail. There is no compliance of Section 103 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kotwa P.S. Case No.
418 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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