Partly allowed¶28

Pramod Rai v. The State of Bihar

Patna HC24 Apr 2025CR. MISC./10486/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Section 30(a) Bihar Prohibition and Excise Act 2016; country-made liquor; 400 liters recovery; open place recovery; disclosure by villagers; no independent witnesses to seizure list; criminal antecedent verification; Chapra Mufassil P.S. Case No.629 of 2024; Saran; Chapra; Patna High Court; CR. MISC. No.10486 of 2025; Soni Shrivastava; Dewendra Narayan Singh; Navin Kumar Pandey APP.

What did the court decide?

Anticipatory bail granted to petitioner no.1 (Pramod Rai) in connection with Chapra Mufassil P.S. Case No.629 of 2024, on a bail bond of Rs.10,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions and further conditions; application dismissed as withdrawn against petitioner no.2. ¶28

Pramod Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner no.1 (Pramod Rai), apprehending arrest in Chapra Mufassil P.S. Case No.629 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, is entitled to anticipatory bail.

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Court's answer

Taking into consideration the facts and circumstances of the case, the court extended the privilege of anticipatory bail to petitioner no.1 (Pramod Rai).

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Ratio / Principle

The application is dismissed as withdrawn against petitioner no.2 (Rajesh Rai), who had already been arrested, rendering the application infructuous as far as he is concerned.

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Key takeaways

Petitioner no.1 is to be released on bail in the event of arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned 1st Exclusive Special Excise Judge, Saran at Chapra, in connection with Chapra Mufassil P.S. Case No.629 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.ratio¶28
Further conditions imposed: petitioner no.1 shall cooperate in the investigation/trial; the court below shall verify his criminal antecedents expeditiously and, if concealment of antecedents is found, take steps for cancellation of his bail bond.ratio¶30

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Soni Shrivastava, J.; Crl. Misc. No.10486 of 2025, decided 24-04-2025): Petitioners Pramod Rai and Rajesh Rai sought pre-arrest bail in Chapra Mufassil P.S. Case No.629 of 2024 (District Saran), registered under S.30(a), Bihar Prohibition and Excise Act, 2016, in which 400 liters of country-made liquor was allegedly recovered from beside a canal in eight plastic bags, three persons fleeing on sighting police. The application was dismissed as withdrawn for petitioner no.2, who had already been arrested. For petitioner no.1, whose name surfaced on disclosure by local villagers, with no recovery from his physical or conscious possession, recovery from an open place accessible to all, no independent witnesses to the seizure list, and one prior case of the same nature in which he was stated to be on bail, the court extended anticipatory bail: release on arrest or surrender within four weeks on a Rs.10,000/- bond with two like sureties to the satisfaction of the learned 1st Exclusive Special Excise Judge, Saran at Chapra, subject to S.438(2) Cr.P.C. conditions, cooperation in investigation/trial, and expeditious verification of antecedents by the court below with steps for cancellation of the bail bond if concealment is found.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10486 of 2025

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Arising Out of PS. Case No.-629 Year-2024 Thana- CHAPRA MUFFASIL District- Saran

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======================================================

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Pramod Rai S/O Vishwanath Rai R/O Vill.- Magaidih, P.S.- Chapra Muffasil, Dist.- Saran

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Rajesh Rai S/O Vishwanath Rai R/O Vill.- Magaidih, P.S.- Chapra Muffasil, Dist.- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 24-04-2025

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Learned counsel for the petitioner prays for withdrawal of the application on behalf of the petitioner no.2 has he has already been arrested and, therefore, this application has become infructuous.

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Prayer is allowed.

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This application is dismissed as withdrawn as against the petitioner no.2.

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Now, this application survives only against petitioner

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no.1.

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Heard learned counsel for the petitioner no.1 and learned APP for the State.

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The petitioner no. 1 apprehends his arrest in connection with Chapra Mufassil P.S. Case No.629 of 2024

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Patna High Court CR. MISC. No.10486 of 2025(4) dt.24-04-2025 2/3

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registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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A perusal of the First Information Report and the seizure list would go to show that a total 400 liters of country made liquor has been recovered which was kept beside the canal in eight plastic bags. It is stated that upon seeing the police, three persons have managed to flee away.

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Learned counsel for the petitioner no. 1 submits that the name of the petitioner no. 1 has surfaced in the case on the disclosure made by the local villagers. No recovery has been made from the physical or conscious possession of the petitioner no.1.

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It is further submitted that the place of recovery is an open place which is accessible to all and, hence no liability can be fixed upon the petitioner no.1. It is also submitted that there are no independent witnesses to the seizure list.

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Learned APP for the State has opposed the prayer for anticipatory bail by stating that the petitioner no.1 has antecedent of one more case of same nature. In response to the same, learned counsel for the petitioner submits that the petitioner no.1 is on bail in the said case.

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Taking into consideration the abovementioned facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner no.1. Let the above

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Patna High Court CR. MISC. No.10486 of 2025(4) dt.24-04-2025 3/3

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named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Exclusive Special Excise Judge, Saran at Chapra in connection with Chapra Mufassil P.S. Case No.629 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that:-

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(i) The petitioner no.1 shall cooperate in the investigation/trial.

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(ii) The court below shall verify the criminal antecedent of the petitioner no. 1 and in case it is found that he has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner no.1. However, it is expected that the verification process would be done expeditiously without causing any delay.

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(Soni Shrivastava, J)

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arvind/-

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U T

Pramod Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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