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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- BNS Act — s. 317(5)
- Code of Criminal Procedure — s. 438(2)
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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