Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41005 of 2026 Arising Out of PS. Case No.-132 Year-2026 Thana- KALYANPUR District- Samastipur ====================================================== Pramod Kumar, S/o Dhanik Lal Mahto, R/o -Rampura, P.S- Kalyanpur, DistSamastipur ... ... Petitioner

Versus

The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Kalyanpur P.S. Case No.132 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 388.8 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the petitioner's name has been surfaced solely on the suspicion of the police that he was the user of the

Patna High Court CR. MISC. No.41005 of 2026(2) dt.25-06-2026 2/3 seized mobile phone bearing No. 7033990813. However, the petitioner is neither the user nor the owner of the said mobile phone, and no material has been brought on record to establish his connection with the device. It is submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedent of similar nature in which he is on bail.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail 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 Exclusive Special Judge, Excise-I, Samastipur in connection with Kalyanpur P.S Case No.132 of 2026, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.41005 of 2026(2) dt.25-06-2026 3/3 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) Raushan/- U T