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Patna High Court

Gulam @ Gulam AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the bail application.

Summary

Gulam Ansari and Khursat Shamim were arrested in connection with the recovery of 640 litres of illegal spirit allegedly intended for the manufacture of illicit liquor that caused multiple deaths. They were charged under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a), 34 and 36 of the Bihar Prohibition of Excise Amendment Act. The petitioners applied for bail, arguing that they had been in custody since 6 February 2026. The court examined the seriousness of the offence, the large quantity of illicit spirit recovered, and the potential public health hazard. Considering the gravity of the alleged crime, the court declined to grant bail and dismissed the application, while noting that the order was limited to the bail question and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a), 34, 36 of the Bihar Prohibition of Excise Amendment Act given the seriousness of the alleged offence.

Legislation cited

Subjects

  • bail
  • illegal spirit
  • illicit liquor
  • excise
  • prohibition
  • Bihar Narcotic Substances Act
  • Bihar Prohibition of Excise Amendment Act
  • public health hazard
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22169 of 2026
                        Arising Out of PS. Case No.-33 Year-2026 Thana- DEV District- Aurangabad
                 ======================================================
           1.     Gulam @ Gulam Ansari S/o Asgar Ansari R/o- Alipur, P.S.- Chhatarpur,
                  District- Palamu (Jharkhand)
           2.    Khursat @ Khursat Shamim @ Badsah S/o Md. Khalil Akhtar R/o Mandeya,
                 P.S.- Chhatarpur, District- Palamu (Jharkhand)

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukul Kumari
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with G.R.

                   No. 78 of 2026 arising out of Deo P.S. Case No. 33 of 2026

                   registered for the offence under Sections 317(5) of the BNS and

                   under Section 30(a), 34, 36 of the Bihar Prohibition of Excise

                   Amendment Act.

                                3. As per the prosecution case, the recovery is of 640

                   liters of spirit from one Momtaz Khan.

                                4. The petitioner is in custody since 06.02.2026.

                                5. The petitioners have been arrested and they have

                   been found to be involved in the alleged crime. One of the
          Patna High Court CR. MISC. No.22169 of 2026(2) dt.09-04-2026
                                                      2/2




                    petitioner was acting as liner of Momtaz Khan and other

                    petitioner has been found to be involved in the crime.

                                 6. Considering the recovery of the illegal spirit which

                    was to be used in the manufacturing of illicit liquor causing the

                    death of a large number of persons, this Court is not inclined to

                    grant bail to the petitioner.

                                 7. Accordingly, this application stands dismissed.

                                 8. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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