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Patna High Court

Praveen @ Pravir DasversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the petitioner had full knowledge of the illicit liquor being transported, and therefore regular bail could not be granted.

Summary

The petitioner, Praveen @ Pravir Das, was arrested as the driver of a mini‑truck from which 4,844.655 litres of foreign liquor were seized. He was charged under Sections 281, 125, 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming he had no knowledge of the contraband. The State opposed the bail, arguing the liquor was not concealed and therefore the driver must have known about it. The Court examined the facts, concluded that the lack of concealment indicated the petitioner’s full knowledge of the illicit liquor, and consequently refused regular bail, allowing a fresh application if the trial is delayed. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seizure of illicit liquor from his vehicle.
  • Whether the absence of concealment of the contraband demonstrates the petitioner's knowledge sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • knowledge
  • transport of contraband
  • criminal procedure
  • prohibition law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23589 of 2026
                         Arising Out of PS. Case No.-28 Year-2026 Thana- Roshna District- Katihar
                 ======================================================
                 Praveen @ Pravir Das S/o Late Sripati Das R/o - Manglibari, Ward No.9, P.S -
                 Old Malda, District - Malda (West Bengal)

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Singh
                 For the Opposite Party/s :        Mr. Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   29-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Roshna P.S. Case No. 28 of 2026 registered for the offence

                   under Sections 281, 125, 338, 336(3), 340(2) of the Bharatiya

                   Nyaya Sanhita, 2023 and Sections 30(a), 41 and 47 of the Bihar

                   Prohibition and Excise Act.

                                3. As per the prosecution case, 4844.655 liters of

                   foreign liquor have been recovered from the mini truck being

                   driven by the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 06.02.2026. It is further submitted

                   that the petitioner is the driver of the vehicle and he had no
            Patna High Court CR. MISC. No.23589 of 2026(5) dt.29-04-2026
                                                        2/2




                      knowledge about the consignment.

                                   5. Learned counsel for the State vehemently opposes

                      the bail application.

                                   6. I have considered the submissions of the parties and

                      have gone through the records of the case. The consignment of

                      illicit liquor was recovered from the truck being driven by the

                      petitioner. It was not concealed with any other goods which

                      were to be transported meaning thereby that the petitioner had

                      full knowledge about the illicit liquor being transported by him.

                                   7. In view of the above, this Court is not inclined to

                      grant regular bail to the petitioner. Accordingly, this application

                      for regular bail stands rejected. If the trial is delayed by the

                      prosecution, the petitioner may renew his prayer for bail.

                                   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.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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