Patna High Court

MITHU @ KAIF ANSARIversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.

Summary

The Patna High Court considered a petition for anticipatory bail filed by Mithu @ Kaif Ansari, who was named in a case under the Bihar Prohibition and Excise Act for alleged possession of 378 litres of liquor recovered from two motorcycles. The petitioner asserted that he had no criminal antecedents, that the motorcycles did not belong to him, and that his name was mentioned only by a co‑accused, with no material seized from his possession. He also contended that the prosecution had not complied with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed the bail, arguing that the allegations warranted custody. After evaluating the lack of direct evidence and the procedural lapse, the Court ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs 15,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated that the bail be conditioned on surrender within six weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner
Whether the prosecution has complied with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023
Whether the allegations constitute a prima facie case against the petitioner

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
liquor seizure
Section 103
co‑accused testimony
criminal procedure
bond
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11304 of 2026
                  Arising Out of PS. Case No.-193 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 MITHU @ KAIF ANSARI S/o- Kayamuddin Ansari Resident of village-
                 Sisahani Ps-Kundwachainpur District-East Champaran      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :     Mrs.Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   13-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner is apprehending arrest in Kundwa

                   Chainpur P.S. case No. 193 of 2025 registered under Sections

                   30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

                               3. The prosecution allegation, in short, is that 378

                   liters liquor was recovered from two motorcycles.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no criminal antecedent. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired on the basis of disclosure made

                   by apprehended co-accused. The petitioner has got no

                   knowledge and concern with the alleged recovery of liquor. The
           Patna High Court CR. MISC. No.11304 of 2026(2) dt.13-02-2026
                                                        2/2




                     motorcycles in question do not belong to the petitioner.

                     Learned counsel, therefore, submits that prima facie, no case is

                     made out against the petitioner. There is no compliance of

                     Section 103 of B.N.S.S., 2023. Co-accused has been granted

                     regular bail by this Bench vide order dated 01.11.2025 passed

                     in Cr. Misc. No. 60159 of 2025.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances,

                     let the petitioner, above named, in the event of arrest/surrender

                     before the learned court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.15,000/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction   of   the   Court

                     below/concerned Court in connection with Kundwa Chainpur

                     P.S. case No. 193 of 2025, subject to the conditions as laid

                     down under Section 482 (2) of Bharatiya Nagarik Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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