Pramod Kumar @ Pramod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30267 of 2026 Arising Out of PS. Case No.-113 Year-2022 Thana- SAKSOHRA District- Patna ====================================================== Pramod Kumar @ Pramod Mahto Son of Late Buchai Mahto, Resident of Village - Jamunichak, Police Station - Barh, District - Patna (Bihar). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Saksohra P.S. Case No. 113 of 2022, dated 09.12.2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, during search of vehicles, a motorcycle rider fled away on seeing the Police party leaving behind the motorcycle and on search of a plastic sack tied with the said motorcycle, recovery of 9 litres of illicit foreign liquor and and 2.1 litres of illicit country made mahua liquor was made. Petitioner is stated to be the owner of the said vehicle.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30267 of 2026(2) dt.11-05-2026 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. Petitioner has purchased the motorcycle in question through Notary public, but the name of the petitioner was not entered into the owner book and therefore he returned the motorcycle. Learned counsel next submits that petitioner is having antecedent of six cases and he is on bail in all the cases. Learned counsel lastly submits that petitioner is in custody since 21.03.2026 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner was not apprehended from the spot and no recovery has been shown from him and further considering his period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court, Barh (Patna) / concerned Court, in
Patna High Court CR. MISC. No.30267 of 2026(2) dt.11-05-2026 3/3 connection with Saksohra P.S. Case No. 113 of 2022, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T