PukhrajversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33452 of 2026
                   Arising Out of PS. Case No.-8 Year-2026 Thana- MUSRIGHRARI District- Samastipur
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                 Pukhraj S/o- Chuna Ram R/v- SA Bhilo Ki Dadhi Dhoribhanna Dist- Barmer,
                 Rajasthan, Presently Lodged with Samastipur Dist- Jail Dudhpura

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gyan Prakash, Advocate
                                          :      Mr.Naman Sherstra, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                     Heard Mr. Gyan Prakash, learned counsel for the

                   petitioner and Mr.Sanjay Kumar Sharma, learned A.P.P. for the

                   State.

                                 2. The petitioner seeks bail, who is in custody since

                   15.01.2026 in connection with Musrigarari P.S. Case No. 08 of

                   2026, F.I.R. dated 14.01.2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act, 2022.

                                 3. Recovery is of 2800.440 liters of foreign liquor.

                                 4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. Further submits

                   that it appears from the FIR as well as the seizure list that the

                   recovery has been made from the truck in question and

                   petitioner is not the owner of the truck in question and the
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          seizure list witnesses are police personnel so there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          police, after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 15.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, recovery has been made from the truck in question

          and there is non-compliance of Sections 103 and 105 of BNSS,

          2023, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs.10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge (Excise)-First, Samastipur in connection with

          Musrigarari P.S. Case No. 08 of 2026, with the following

          conditions:-

                       (I) One of the bailors should be the close relative of

          the petitioner.

                       (II) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
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                                      (III) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (IV) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T