Patna High Court
Anwar AbbasiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Anwar Abbasi, a driver, was arrested in connection with the seizure of 179.75 litres of liquor from a pickup vehicle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no knowledge of the goods, and that no incriminating article was found in his possession, also noting that he was not the vehicle's owner. The State opposed bail, citing his two prior criminal antecedents and the seriousness of the offence. The Court considered the lack of direct evidence against him, the duration of his custody since 22 November 2025, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Accordingly, the Court granted bail on a cash bond of Rs. 15,000 with two sureties, imposing conditions that one bailor be a close family member and that the petitioner appear at every trial date, with the possibility of cancellation upon default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and his criminal antecedents.
Legislation cited
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- driver
- false implication
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2787 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- Bikramganj Excise District- Rohtas
======================================================
Anwar Abbasi Son of Kitabu Miyan Resident of Village- Jamrodh, P.S.-
Dinara, District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
Case No. 1748 of 2025 arising out of Prohibition and Excise
P.S. Bikramganj Case No. 283 of 2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 179.75
litres of liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.2787 of 2026(2) dt.20-01-2026
2/3
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 22.11.2025 and has
two criminal antecedents. There is no compliance of Section
103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Case No.
1748 of 2025 arising out of Prohibition and Excise P.S.
Bikramganj Case No. 283 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.2787 of 2026(2) dt.20-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.