Patna High Court

Md. Arju AnsariversusThe State of Bihar

Decided: 10 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioners, subject to specified conditions.

Summary

The petitioners, Md. Arju Ansari and Md. Arsad, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 575.250 litres of foreign liquor. They claimed innocence, stating they were merely the driver and co‑driver and had no knowledge of the illicit liquor, and that no incriminating material was found on them. The State opposed bail, while the petitioners highlighted their clean record and the alleged non‑compliance of Section 103 of the BNSS, 2023. Considering the facts, the court found the petitioners’ custody period excessive and the lack of direct evidence, and therefore granted bail. The bail was conditioned on a bond of Rs.15,000 each, two sureties, a family member as bailor, and mandatory appearance at every trial date.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15614 of 2026
                      Arising Out of PS. Case No.-481 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
           1.     Md. Arju Ansari S/o Md. Akbar @ Md. Akbar Ansari R/o village-
                  Guljarbagh, P.S- Bankmore, Dhanbad, District- Dhanbad, Jharkhand
           2.    Md. Arsad S/o Md. Imtiyaj @ Md. Imteyaz Ansari R/o village- Guljarbagh,
                 P.S- Bankmore, Dhanbad, District- Dhanbad, Jharkhand


                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Mohanpur PS Case No. 481 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 575.250 liters

                   foreign liquor was recovered from pickup van.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.15614 of 2026(2) dt.10-03-2026
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          got no concern with the alleged recovery of liquor.              It is

          submitted that names of the petitioners have surfaced in this

          case as being driver and co-driver of the vehicle in question and

          they were oblivious of the fact that illicit liquor was laden in the

          vehicle. The petitioners are in custody since 14.12.2025 and has

          got no criminal antecedent/s. There is no compliance of Section

          103 of the BNSS, 2023.

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

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Mohanpur PS Case

          No. 481 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioners.

                  (II) The petitioners shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.15614 of 2026(2) dt.10-03-2026
                                                       3/3




                     bail bonds of the petitioners.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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