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Patna High Court

Arif AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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