Pramod Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Pramod Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail granted: petitioner to be released on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of ₹30000/- (thirty thousand) per Section 2(1)(d), Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the Exclusive Special Judge, Excise-II, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 170 of 2025, subject to conditions under Section 482(2), BNSS 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Koilwar P.S. Case No. 170 of 2025 (registered 21.07.2025) for offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be released on bail in the event of arrest or surrender.

Court's answer

The court directed that the petitioner be released on bail in the event of arrest or surrender before the Trial Court within a period of four weeks.

Ratio / Principle

Release is conditioned on furnishing a bail bond of ₹30,000/- (thirty thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the Exclusive Special Judge, Excise-II, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 170 of 2025.

Key takeaways

The bail is further subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.ratio¶6

Detailed headnote1 paragraphs

Anticipatory bail allowed. Petitioner apprehended arrest in Koilwar P.S. Case No. 170 of 2025 (registered 21.07.2025, Thana Koilwar, District Bhojpur) for offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, the case resting on alleged recovery of 6.3 liters of Indian Made Foreign Liquor loaded on a motorcycle. Dr. Anshuman, J, directed release on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of ₹30000/- (thirty thousand) as per Section 2(1)(d), Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the Exclusive Special Judge, Excise-II, Bhojpur at Ara, subject to the conditions laid down under Section 482(2), BNSS 2023. No precedent was cited; single-judge oral order dated 22-04-2026.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26935 of 2026

Arising Out of PS. Case No.-170 Year-2025 Thana- KOILWAR District- Bhojpur

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

Pramod Kumar son of Anil Ray Resident of village -Barka Chanda PS -Koilwar District -Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Niraj Kumar Singh, Advocate For the Opposite Party/s : Mr.Umanath Mishra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 22-04-2026

Heard learned Counsel for the petitioner and learned

APP for the State.

The petitioner is apprehending arrest in connection with Koilwar P.S. Case No. 170 of 2025 registered on 21.07.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per prosecution, total recovery of 6.3 liters Indian Made Foreign Liquor loaded on a motorcycle, is the subject matter of the present case.

It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, the petitioner has been made accused in the present case only because his mobile phone was recovered from the nearby place of occurrence. The petitioner has a clean

Patna High Court CR. MISC. No.26935 of 2026(2) dt.22-04-2026 2/2

criminal antecedent. Moreover, the petitioner is not the owner of the alleged motorcycle from which the recovery was made.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 170 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J)

Ashwini/-

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