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Patna High Court

Sama AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court held that bail should be granted, subject to a bond and sureties, as the petitioner’s custody was prolonged and the allegations were prima facie.

Summary

The petitioner, Sama Ansari, was arrested on 15 January 2026 in connection with a case (Riga P.S. Case No. 23 of 2026) alleging possession of 111 litres of illegal Nepali Saufi liquor, violating Sections 30(a) of the Bihar Prohibition and Excise Act and 317(5) of the BNS Act. He applied for bail, contending that he was merely a passenger in the tempo from which the liquor was seized. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the petitioner’s prolonged custody and the prima facie nature of the allegations, decided to grant bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order expressly limited its observations to the bail application and clarified that they do not prejudice the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita for offences under the Bihar Prohibition and Excise Act and the BNS Act.
  • Whether the circumstances of the case, including the nature of the alleged offence and the period of custody, justify denial of bail.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • prohibition act
  • excise law
  • criminal procedure
  • preliminary observation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16643 of 2026
                         Arising out of PS. Case No.-23 Year-2026 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Sama Ansari S/o Nasrul Ansari Resident of Village- Murhadih Madhopur
                 Maliniya, P.S.- Majorganj, Dist- Sitamarhi
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr.Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Riga P.S. Case No. 23

                   of 2026 registered for the offences punishable under Sections

                   30(a) of the Bihar Prohibition and Excise Act and section 317(5)

                   of the BNS Act.

                               3. The allegation is that 111 litres of Nepali Saufi

                   liquor was recovered from a tempo and the petitioner is said to

                   be the passenger of the said vehicle.

                               4. Learned counsel for the petitioner submits that the

                   petitioner in custody since 15.01.2026 and the petitioner is said

                   to be the passenger of the said tempo.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.

                               6. Considering that the petitioner is in custody since
                       Patna High Court CR. MISC. No.16643 of 2026(3) dt.07-05-2026
                                             2/2




           15.01.2026, this Court is inclined to grant bail to the petitioner.

                     7.    Let        the    petitioner,     above       named,        be

           released on bail on furnishing bail bond of Rs.

           10,000/- (Ten thousand) with two sureties of the like

           amount     each       to    the     satisfaction       of    the    learned

           Exclusive Excise Court No. 1, Sitamarhi in connection

           with Riga P.S. Case No. 23 of 2026, subject to the

           conditions as laid down under Section 438(2) of the

           Code of Criminal Procedure / Section 482(2) of the

           Bhartiya Nagarik Suraksha Sanhita.

                     8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of             adjudication of          the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                            (Ansul, J)
Vikash/-

U      T


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