Patna High Court
Md. Ansharul @ Md. InsharulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, finding that the allegations did not constitute a substantive offence under the Excise Act and that no liquor was recovered from them.
Summary
The petitioners, Md. Ansharul and Md. Minu, applied for anticipatory bail in a case registered under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise Act relating to alleged consumption of liquor and obstruction of police at a residence in Korha. The FIR alleged that the accused, identified as Md. Tuntun, consumed liquor and that the petitioners, his brothers, obstructed police while he attempted to flee. The petitioners argued that no liquor was recovered from them and that the charge pertained only to hindering police, not to a substantive offence under the Excise Act. The State opposed the bail. The Court noted the absence of physical possession of liquor and the nature of the allegation, and consequently granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is obstruction of police duties rather than a substantive violation of the Bihar Prohibition and Excise Act.
- Whether the lack of physical possession of liquor by the petitioners warrants granting bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- obstruction of police
- Section 438
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10956 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- KORHA District- Katihar
======================================================
1. Md. Ansharul @ Md. Insharul S/o Shekh Kalim @ Md. Kalim R/o Village -
Madhura, Ward No. 5, P.S - Korha, District - Katihar
2. Md. Minu S/o Shekh Kalim @ Md. Kalim R/o Village - Madhura, Ward No.
5, P.S - Korha, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners as well as
learned APP for the State.
2. The petitioners seeks bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a), 37 and 45 of Bihar Prohibition and Excise Act in
connection with Korha P.S. Case No.211 of 2025.
3. Prosecution case in short is that, when the
informant reached at the Residence of Raikumar Mahaldar on
the basis of information received through ET No. 360927.
Further, when he reached at the alleged place, he witnessed that
a person attempted to flee away. However, he was caught and
found to have consumed liquor. The accused then denied the
consumption of liquor and fought with the police personnel.
Patna High Court CR. MISC. No.10956 of 2026(2) dt.17-02-2026
2/3
Thereafter, with the assistance of other police personnel, the
said accused person was taken into custody and after inquiry he
named himself as Md. Tuntun and he disclosed that he went to
consume liquor at the residence of Lalo Devi and her husband
Rajkumar Mahaldar, who sells liquor. Further, upon proceeding
to test by the breathe analyzer machine, the brothers of accused
Md. Tuntun namely Md. Ansharul and Md. Minu and some
other unknown people gathered there and obstruct the police
personnel in discharging their duties and helped Md. Tuntun to
evade. Later on, he was caught again and on breathe analyzer
test the accused Md. Tuntun was found to be drunk with test
result of 124.8 mg/100 ml. Accordingly, FIR was registered.
4. Learned counsel for the petitioner submits that no
recovery has been made from the conscious physical possession
of the petitioners and the nature of the allegation levelled
against the petitioners is of causing hindrance in discharging the
duty of police personnel and not of any offence having been
committed under the Excise Act.
5. The learned APP for the State opposes the
anticipatory bail application.
6. Considering the fact that no recovery has been
made from the conscious physical possession of the petitioners
Patna High Court CR. MISC. No.10956 of 2026(2) dt.17-02-2026
3/3
and that from the reading of the FIR the nature of the allegation
levelled against the petitioners is of causing hindrance in
discharging the duty of police personnel and not of any offence
having been committed under the Excise Act, this Court is
inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on bail
on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge, Exclusive Special Excise Court-II, Katihar in connection
with Korha P.S. Case No.211 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C./Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
Checking your session…