Patna High Court
Pukh RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application is allowed, granting regular bail with specified conditions.
Summary
The petitioner, Pukh Raj, was arrested for allegedly transporting 4,190.76 liters of foreign liquor, violating Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He claimed to be merely the driver, unaware of the consignment, and offered to donate Rs. 25,000 to charity without admitting guilt. The State opposed bail, but the court, after considering the custody period, clean antecedent claim, and the petitioner's submissions, granted regular bail. Bail was conditioned on a Rs. 10,000 bond with two sureties, a Rs. 25,000 donation to Ramakrishna Math, monthly attendance at a police station in Rajasthan, and verification of his antecedents. The order emphasized that its observations were prima facie and would not affect the trial's merits.
Issues considered
- Whether bail should be granted in a case of alleged transport of foreign liquor under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act
- Whether the petitioner’s claim of being a driver without knowledge of the consignment warrants bail
- Whether the court may impose conditions such as a monetary donation, sureties, and periodic police attendance on bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- foreign liquor
- driver
- conditions
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15788 of 2026
Arising Out of PS. Case No.-454 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Pukh Raj S/o- Narna Ram R/V- Mithi Bari PS- Baad Dist- Barmer, State-
Rajasthan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghaw Kumar, Advocate
Ms. Supriya Kumari, Advocate
Mr. Anuj Kumar
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Barachatti P.S. Case No. 454 of
2025, registered for offences punishable under Sections 30(a)
and 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the petitioner was
apprehended from the spot while transporting 4190.760 liters of
foreign liquor on container. The petitioner is in custody since
29.12.2025 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
Patna High Court CR. MISC. No.15788 of 2026(3) dt.13-05-2026
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submitted that the petitioner is the driver of the vehicle in
question and had no knowledge of the consignment. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Barachatti P.S. Case
No. 454 of 2025, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar
and shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
Patna High Court CR. MISC. No.15788 of 2026(3) dt.13-05-2026
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(ii). The petitioner shall mark his
attendance at Baand Police Station, Barmer,
Rajasthan, on any one day of each month. In the
event of default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Barmer, Rajasthan through FAX or e-
mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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