Patna High Court
Gulam @ Gulam AnsariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 317(5)
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
Checking your session…