Patna High Court
Rahamtullah AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Rahamtullah Ansari was arrested in connection with the alleged recovery of 99 litres of foreign liquor from his vehicle and charged under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act. He petitioned for regular bail, contending that the case was false, that there were no independent witnesses to the seizure and that he had no prior criminal record, having been in custody since 17‑02‑2026. The State opposed the bail. The Court examined the petitioner's clean antecedent, the length of his pre‑trial detention, and the fact that the prosecution’s material witnesses were police officers. Finding the circumstances favorable, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.20,000 with two sureties of the same amount. The bail order was issued by Justice Shailendra Singh.
Issues considered
- Whether regular bail should be granted to the accused in excise offences where the primary evidence consists of police testimony and the accused has a clean antecedent.
Subjects
- bail
- excise
- prohibition
- foreign liquor
- false case
- police testimony
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20235 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Rahamtullah Ansari, S/o Late Rajak Ansari, R/o Village - Machhdhi, Ward no.
1, P.S - Jhanjharpur, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Adv.
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-03-2026 1. Heard the parties.
2. The petitioner seeks regular bail in connection with
Excise Jhanjharpur P. S. Case No. 36 of 2026, registered for the
offences punishable under Sections 30(a), 32(1) and 32(3) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that the
police framed the petitioner in a false case showing the recovery
of 99 litres of foreign liquor from his vehicle and he has no
criminal antecedent and has been languishing in jail since
17.02.2026. It is further submitted that there is no independent
witness to the recovery of the alleged liquor and only police
personnel have been made witnesses to the search and seizure
of the alleged liquor.
4. Learned APP for the State opposes the bail prayer
Patna High Court CR. MISC. No.20235 of 2026(2) dt.26-03-2026
2/2
of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with petitioner's fair and clean antecedent
and his custody period and also the fact that the material
witnesses of the prosecution who are to be examined in the trial
of the petitioner are police personnel, this court is inclined to
release him on bail. Accordingly, let the petitioner named-above
be enlarged on bail in connection with Excise Jhanjharpur P. S.
Case No. 36 of 2026, on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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