Patna High Court
Arif AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.
Summary
Arif Ansari, a driver of an e‑rickshaw, was arrested in connection with Excise P.S. Case No. 29 of 2026 for alleged possession of 108 litres of country‑made liquor, alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, that nothing was recovered from his possession, and that the police failed to comply with Section 105 of the B.N.S.S. while making the seizure. He also highlighted his clean record and his continued judicial custody since 12 January 2026. The State opposed bail. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the appropriate court.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the seizure of liquor complied with Section 105 of the B.N.S.S.
- Whether the petitioner, as a driver, can be held liable for the alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- liquor seizure
- driver liability
- Section 30
- Section 32
- Bihar Prohibition and Excise Act
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18759 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- Excise P.S. District- Gopalganj
======================================================
Arif Ansari, Son of Late Ibadat Ansari, Resident of Village- Belwa Thakurai
Ward No. 01, P.S.- Bhore, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise P.S. Case No. 29 of 2026 registered for the offence
punishable under Sections 30(a) and 32 of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from an
E-rickshaw, altogether 108 liters of country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. He is
only the driver of E-rickshaw and he is having no knowledge
Patna High Court CR. MISC. No.18759 of 2026(2) dt.24-03-2026
2/2
regarding the alleged liquor. The seizure list witnesses are police
personnel. The police has not complied Section 105 of the
B.N.S.S. while making the seizure. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 12.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-IV-cum-Exclusive Special
Excise Court-II, Gopalganj in connection with Excise P.S. Case
No. 29 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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