Patna High Court
Sabir Hussain @ Sabir AnsariversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Sabir Hussain, was arrested on suspicion after 210.42 liters of liquor were recovered from two motorcycles, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he owned neither motorcycle, had no incriminating material in his possession, and had no prior criminal record. The petitioner also argued that the arrest violated Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of direct evidence, the petitioner’s clean record, and the duration of custody. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite being arrested on suspicion in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the arrest complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- suspected arrest
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12439 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Sabir Hussain @ Sabir Ansari S/O Alisher Miyan @ Ali Sher Miyan Resident
Of Village- Koine, Ansari Tola, P.S.- Manjhagarh, District- Gopalganj
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Manjhagarh P.S. Case No. 458 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 210.42 liters
liquor was recovered from two motorcycles and the petitioner
was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12439 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is not the
owner of any of the motorcycles in question. It is further
submitted that the petitioner was a passerby of that way and was
arrested only on the basis of suspicion. The petitioner is in
custody since 28.12.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Manjhagarh P.S.
Case No. 458 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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