Patna High Court
Md. Belal Ansari @ Mohammad Belal AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specified conditions.
Summary
Md. Belal Ansari was arrested on 19 March 2026 in connection with an excise case involving the seizure of 476.640 litres of foreign liquor, alleged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had a clean antecedent, was not the owner of the vehicle from which the liquor was seized, and that the investigation violated Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail, but the court noted the lack of compliance with the procedural provisions and the petitioner's clean record. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order was made subject to verification of the petitioner's antecedent, without delaying the acceptance of the bond.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the excise offences.
- Whether the investigation complied with Sections 103 and 105 of the BNSS.
- Whether the seized liquor was in the petitioner's conscious possession and whether he is the owner of the vehicle involved.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- Bihar Prohibition and Excise Act
- foreign liquor
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24210 of 2026
Arising Out of PS. Case No.-215 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Md. Belal Ansari @ Mohammad Belal Ansari S/o- Late Gul Mohamad Ansari
Resident of Village - Balthara, P.S. - Basantpur, District - Siwan
... ... 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. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Bijay Prakash Singh, learned counsel
for the petitioner and Mr. Sanjay Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.03.2026 in connection with Siwan(Excise)P.S. Case No. 215
of 2026, F.I.R. dated 18.03.2026 for the offences punishable
under Section 30(a), 47 of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 476.640 liters of country made
foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.24210 of 2026(2) dt.15-04-2026
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recovered from the conscious possession of the petitioner rather
the recovery has been made from car in question and the
petitioner is not the owner of the car in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 19.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6.Considering the aforesaid facts and
circumstances,petitioner has clean antecedent and there is non-
compliance of Section 103 and 105 of BNSS, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court No-2, Siwan in connection with Siwan(Excise)P.S. Case
No. 215 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.24210 of 2026(2) dt.15-04-2026
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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