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Patna High Court

Pukh RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                                (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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