Patna High Court

Mofijuddin AnsariversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Mofijuddin Ansari, applied for anticipatory bail after the police seized 214 litres of foreign liquor from an auto‑rickshaw registered in his name in connection with Excise Case No. 417 of 2025 under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. The petitioner contended that the vehicle had been handed over to a co‑accused, Tabrez Ansari, for daily earnings and that no liquor was found in his conscious or constructive possession, also highlighting his clean criminal record. The State opposed the bail, arguing that the seizure indicated involvement in the offence. The court examined the lack of constructive possession and the petitioner’s spotless antecedents, and held that these factors warranted the grant of anticipatory bail. Accordingly, the court ordered the petitioner to be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S., 2023 in view of the alleged seizure of illicit liquor.
Whether the petitioner had constructive possession of the seized liquor.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
constructive possession
illicit liquor
excise law
Section 30(a)
Bihar Prohibition and Excise Amendment Act
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17696 of 2026
                   Arising Out of PS. Case No.-417 Year-2025 Thana- KAHALGAON District- Bhagalpur
                 ======================================================
                 Mofijuddin Ansari Son of Abdul Halim R/o Village - Sirsa Bachcha,
                 Mirzachowki, Sahebganj, Jharkhand.                   ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baijnath Sah, Advocate
                 For the Opposite Party/s :      Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                         Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Excise Kahalgaon P.S. Case No.417 of 2025

                   registered for the offence punishable under Sections 30(a) of the

                   Bihar Prohibition and Excise Amendment Act, 2016.

                                3. As per the prosecution case, 214 liters of country

                   made foreign liquor is said to have been recovered from the

                   auto-rickshaw of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and is in no way connected with the seized

                   liquor. It is further submitted that the recovery was made from

                   an auto-rickshaw belonging to the petitioner; however, as a

                   matter of fact, the said vehicle had been given to the co-accused,

                   Tabrez Ansari, for earning his livelihood on a daily basis, and he

                   was apprehended by the police at the spot. There has been no

                   recovery of liquor from the conscious or constructive possession
               Patna High Court CR. MISC. No.17696 of 2026(2) dt.25-03-2026
                                                           2/2




                         of the petitioner. Lastly, it is submitted that the petitioner has no

                         criminal antecedents.

                                      5. Learned APP for the State opposes the prayer for

                         anticipatory bail application.

                                      6. Regard being had to the submission made by the

                         parties, taking into consideration the fact that illicit liquor has

                         not been recovered from the constructive possession and the

                         petitioner has clean antecedent, accordingly, this Court is

                         inclined to grant anticipatory bail to the petitioner.

                                         7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         learned Additional Sessions Judge-IX, Bhagalpur, in connection

                         with Excise Kahalgaon P.S. Case No.417 of 2025 subject to the

                         condition as laid down under Section 482(2) of the B.N.S.S.,

                         2023.



                                                                   (Ajit Kumar, J)
shikha/-

U          T

Continue reading with your account

Checking your session…