Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89331 of 2025 Arising Out of PS. Case No.-756 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Pramod Kumar S/O Anil Thakur R/O Masjid Gali, Golghar Chauraha, P.SBuddha Colony, District - Patna. (as per FIR owner of the motorcycle bearing Registration No.- BR01EZ8802) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kumar For the Opposite Party/s :
Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Alamganj P.S Case No. 756 of 2022 instituted for the offence punishable under Sections 414 of the I.P.C and 30(a), 36 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 150 litre illicit liquor were recovered from the motorcycle.
4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner has no concern with the seized liquor.
Patna High Court CR. MISC. No.89331 of 2025(2) dt.22-12-2025 2/2
5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submitted that anticipatory bail of the petitioner is barred by the provision of Section 76(2) of the Bihar Prohibition and Excise Act.
6. From perusal of the F.I.R., impugned order and case diary, it appears that petitioner is the registered owner of the motorcycle in question. Moreover, petitioner has got four criminal antecedents and some of them is related to the Bihar Prohibition and Excise Act.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.
8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Mayank/- U T