Patna High Court
Pukar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on furnishing a bond of Rs.5,000 with two sureties of equal amount.
Summary
The petitioner, Pukar Ray, was charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for allegedly recovering 198 litres of liquor from six plastic sacks on the bank of the Bagmati River. He was not arrested at the scene and the alleged liquor was not found in his possession; the complaint originated from a chowkidar with whom the petitioner has a hostile relationship. The petitioner argued that he has a clean antecedent, the alleged location is a public place, and the chowkidar’s motive casts doubt on the prosecution’s case. The State opposed bail, but the court considered the lack of direct possession, the public nature of the site, and the petitioner’s willingness to cooperate. The court granted bail on condition of a Rs.5,000 bond and two sureties of the same amount, directing the petitioner to appear before the trial court.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 given the circumstances of the alleged offence.
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- public place
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18956 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Pukar Ray S/o Ranjit Ray Resident of village - Rampur Kanth, Police Station-
Suppi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 198 litres of liquor from six plastic sacks from an
open place i.e. from bank of Bagmati river. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of chowkidar with whom he is on an inimical
Patna High Court CR. MISC. No.18956 of 2026(2) dt.18-04-2026
2/2
term. It is also submitted that if chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
next submitted that petitioner is in custody since 21.01.2026 and
charge sheet has been submitted. It is also submitted that if
privilege of bail is granted to the petitioner, the petitioner will
not abscond rather will cooperate in the trial to prove his
innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Suppi
P.S. Case No.357/2025.
(Satyavrat Verma, J)
amit/-
U T
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