Pramod Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68100 of 2025 Arising Out of PS. Case No.-774 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Pramod Tiwari, aged 27 years, Male, S/o Late Banke Tiwari, R/o VillageRamnagar, P.S.- Siwan Town, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birottam Narayan Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-10-2025 Heard Mr. Birottam Narayan Singh, learned counsel appearing on behalf of the petitioner and Mr. Braj Kishore Pd., learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Patna Excise P.S. Case No. 774/2025 registered for the offence(s) punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 216 litres of illicit liquor was recovered from a Scorpio vehicle bearing Registration No.BR29AY3086, while the same was parked alongside a road. Three co-accused persons Shrikant Yadav, Raju Kumar and Chandan Kumar managed to flee away after seeing the police party.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.68100 of 2025(2) dt.07-10-2025 2/3 petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Admittedly, at the time of the alleged seizure and recovery of illicit liquor, petitioner was not present and he has been made accused in this case, being the owner of the vehicle in question which was given by the petitioner to co-accused Shrikant Yadav in good faith. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and also the fact that at the time of alleged seizure of illicit liquor, no one was arrested and petitioner is having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court where the case is pending in connection with Patna Excise P.S. Case No.

Patna High Court CR. MISC. No.68100 of 2025(2) dt.07-10-2025 3/3 774/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T