Allowed¶18

Pramod Kumar @ Pramod Yadav @ Pramod Jadhav v. The State of Bihar

Patna HC8 Apr 2026CR. MISC./22328/2026

Case brief

AI extract

What is this about?

Provisional anticipatory bail; CR. MISC. No.22328 of 2026; Patna High Court; Satyavrat Verma, J; Bihar Excise Act Sections 47(A) and 47(F); Section 482(2) BNSS; G.O P.S. Case No. 15 of 2015; Government Official Comp. PS, Nawada; 140 litres liquor; 460 kg fermented jawa mahua; antecedent verification; concealment of antecedents; implication at instance of Chowkidar; bail bond Rs. 5,000; two sureties of like amount; surrender within six weeks.

What did the court decide?

Provisional anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs. 5,000 with two sureties of the like amount each upon arrest or surrender before the learned trial court within six weeks, subject to conditions under Section 482(2) BNSS; confirmation contingent on Trial Court verification of criminal antecedents. ¶18

Pramod Kumar @ Pramod Yadav @ Pramod Jadhav Vs The State of… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in G.O P.S. Case No. 15 of 2015 registered for offences punishable under Sections 47(A) and 47(F) of the Bihar Excise Act, is entitled to anticipatory bail.

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Court's answer

Petitioner, in the event of his arrest or surrender before the learned trial court within six weeks, to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 5,000 with two sureties of the like amount each.

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Ratio / Principle

The provisional release is made subject to the conditions laid down under Section 482(2) of the BNSS.

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Key takeaways

Trial Court to verify the criminal antecedent of the petitioner: if found to have antecedent of more than one case, it would be presumed that the petitioner concealed his antecedent before this Court for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.ratio¶21
If verification shows the petitioner has antecedent of one case only, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court grants provisional anticipatory bail to petitioner apprehending arrest in G.O P.S. Case No. 15 of 2015, Nawada (offences punishable under Sections 47(A) and 47(F) of the Bihar Excise Act; alleged recovery of 140 litres of liquor and 460 kg of fermented jawa mahua near a river): petitioner to surrender or be arrested within six weeks and be released on bail bonds of Rs. 5,000 with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS; Trial Court to verify criminal antecedents - if more than one case is found, concealment of antecedents before the High Court is presumed and the provisional bail order shall not be confirmed; if only one case is found, the provisional anticipatory bail order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22328 of 2026

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Arising Out of PS. Case No.-15 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada

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

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Pramod Kumar @ Pramod Yadav @ Pramod Jadhav S/o Mithu Yadav R/o Village- Sitgir, PS- Rajauli, Distt.- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Verma For the Opposite Party/s : Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-04-2026

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 47(A) and 47(F) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 140 litres of liquor along with 460 kg of fermented jawa mahua from a place near a river.

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4. Learned counsel for the petitioner submits that the 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

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Patna High Court CR. MISC. No.22328 of 2026(2) dt.08-04-2026 2/3

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and is accessible to public at large and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is next submitted that if Chowkidar was aware about 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 further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. 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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (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 G.O P.S. Case No. 15 of 2015 subject to the conditions as laid down

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Patna High Court CR. MISC. No.22328 of 2026(2) dt.08-04-2026 3/3

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under Section 482(2) of the BNSS.

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7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Pramod Kumar @ Pramod Yadav @ Pramod Jadhav v. The State of Bihar

Case brief

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Pramod Kumar @ Pramod Yadav @ Pramod Jadhav v. The State of Bihar

Case brief

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What the court decided

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