Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87646 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- BHAGWANGANJ District- Patna ====================================================== Pramod Kumar S/o Balli Yadav R/o - Sahachak, P.S.- Sigori, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Jiban Pd Singh, Adv.
For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his/her arrest in connection with Bhagwanganj P.S. Case No. 193 of 2024, dated 27.10.2024, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, on 27.10. 2024 the informant got secret information that one Sikandar Kumar was coming from Murgiachak taking liquor by his tempo. The informant along with police party reached near the house of Sikandar Kumar and saw that one person was trying to run away from the tempo, but he was caught and disclosed his name as Sikandar Kumar. To see the action of police, people gathered,
Patna High Court CR. MISC. No.87646 of 2025(2) dt.19-12-2025 2/3 but none of them became ready to be the witness and then in presence of two constables of Arms forces, the tempo was searched and total 3.750 liters foreign liquor was recovered from the tempo and the seizure list was prepared.
4. Learned counsel for the petitioner submits that the tempo of which the petitioner is being shown to be owner was sold away by him to one Sikandar Kumar, who has been arrested from the spot. The petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and/or premises belonging to the petitioner and petitioner has clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of his/her arrest or surrender before the court below 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 Special Judge Excise-2nd, Patna in connection with
Patna High Court CR. MISC. No.87646 of 2025(2) dt.19-12-2025 3/3 Bhagwanganj P.S. Case No. 193 of 2024 subject to the condition as laid down under Section 482(2) of the B.N.S.S. (Ajit Kumar, J) pravinkumar/- U T