Patna High Court
Md. Hidayat Ansari @ Md. Hiyat AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated bond, sureties and conditions.
Summary
The petitioner, Md. Hidayat Ansari, feared arrest in a case where 756 litres of liquor were seized from a Scorpio car registered in his name. He was charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not present at the scene, had no knowledge of the liquor, and that the case against him was prima facie weak; he also highlighted his clean record and the fact that a co‑accused had already been granted regular bail. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.15,000, two sureties of the same amount and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged seizure of liquor.
- Whether a prima facie case exists against the petitioner under the cited provisions.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita have been complied with.
- Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- liquor seizure
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Bihar Prohibition and Excise Act
- Section 482(2) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16066 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- Araria Sangram District- Madhubani
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Md. Hidayat Ansari @ Md. Hiyat Ansari S/O Md. Israil Ansari R/O 73/3
Atindra Mukharjee Lane Shivpur, District- Howrah West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends arrest in connection with
Arariya Sangram P.S. Case No. 89 of 2025, registered under
Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 756 liters
liquor was recovered from Scorpio car.
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 concern with the alleged
recovery of liquor. Learned counsel for the petitioner also
submits that the petitioner was not present on the spot. Name of
the petitioner has transpired in this case as being owner of the
car in question and he has got no knowledge with regard to the
Patna High Court CR. MISC. No.16066 of 2026(2) dt.12-03-2026
2/2
nature of goods kept in his vehicle. Learned counsel for the
petitioner, therefore, contends that prima-facie, no case is made
out against the petitioner. The petitioner has got no criminal
antecedent. Learned counsel for the petitioner further submits
that other co-accused has been granted regular bail by this Court
vide order dated 24.02.2026 passed in Cr. Misc. No. 12671 of
2026. 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,
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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Arariya Sangram P.S.
Case No. 89 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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