Prashuram Prasad @ Parsgram Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42753 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- EXCISE MAHAMMADPUR DistrictGopalganj ====================================================== Prashuram Prasad @ Parsgram Prasad S/O Late Bageshwari Prasad R/O village - Mathiya Tola, Batardey, P.S.- Barauli, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramadhar Shekhar For the Opposite Party/s :
Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 1.440 liters of liquor from a hotel situated under an over bridge.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the hotel. It is
Patna High Court CR. MISC. No.42753 of 2026(2) dt.02-07-2026 2/3 next submitted that no prudent person would use his own business premises for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that hotel is a place where customers come and it might be a possibility that some customers came with liquor and left when police came and petitioner came to be implicated based on confessional statement of Mantu and Sonu in police custody which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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. 500/- (Rupees Five Hundred) 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 Excise (Mahamadpur) P.S. Case No. 22 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
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 even one case
Patna High Court CR. MISC. No.42753 of 2026(2) dt.02-07-2026 3/3 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 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T