Patna High Court
Kutubuddin AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding insufficient evidence of his knowledge or possession of the seized liquor and noting procedural violations.
Summary
The petitioner, Kutubuddin Ansari, a driver, was arrested in connection with the seizure of 441.9 liters of foreign liquor from a Scorpio vehicle. He applied for bail, contending that the liquor was not in his physical or conscious possession and that he had no knowledge of its presence, further alleging violations of mandatory search and seizure procedures. The State opposed bail, highlighting the petitioner's two prior criminal cases, though noting they were of a different nature and he was out on bail in those matters. The court examined the facts, the alleged procedural lapses, and the fact that a charge sheet had already been filed. Considering the lack of direct involvement, the procedural irregularities, and the petitioner's custody since February, the court decided to enlarge bail on condition of a bond and sureties. The order also imposed conditions that a family member act as a bailor and that the petitioner cooperate with the investigation.
Issues considered
- Whether the driver of a vehicle can be granted bail when foreign liquor is seized from the vehicle without proof of his knowledge or possession
- Whether violations of mandatory search and seizure provisions justify bail
- Impact of the petitioner's prior criminal antecedents on the bail decision
Legislation cited
- Bihar Narcotic Substances Act — s. 318(4), 319(2), 336(3), 338, 339, 340(2), 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- search and seizure
- driver liability
- excise law
- criminal antecedents
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28027 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- MADHUBAN District- East Champaran
======================================================
Kutubuddin Ansari Son of Islam Ansari Resident of village - Sarauna, P.S.-
Parauna, District - Kushi Nagar (U.P.)
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Harsha Shashwat
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 319(2), 318(4), 338, 336(3),
340(2), 339, 3(5) of the B.N.S. and Section 30(a), 41(1) of the
Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 441.9 liters of foreign liquor is
said to have been recovered from the Scorpio vehicle and the
petitioner is the driver of the said vehicle.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the physical and conscious
possession of the petitioner. It is submitted that the petitioner is
only a driver of the said vehicle and he had no knowledge
whatsoever about the presence of any liquor in the said vehicle. It
is further submitted that the mandatory provisions of search and
seizure have been violated as there is no independent witness to
Patna High Court CR. MISC. No.28027 of 2026(3) dt.11-06-2026
2/2
the seizure list. The petitioner is languishing in judicial custody
since 26.02.2026 and charge sheet has already been submitted.
5. Learned APP for the State opposes the prayer for
bail on the ground that the petitioner has two criminal antecedents.
However, the said cases are not of similar nature and the petitioner
is on bail in said cases.
6. Taking into consideration the facts and circumstances
and also considering the violation of mandatory provisions of
search and seizure and the charge-sheet has been submitted, let the
above named petitioner be enlarged on bail on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Madhuban P.S. Case 97 of 2026, subject to the conditions:
(i) One of the bailors will be a family member/close
relative.
(ii) The petitioner shall cooperate in the
investigation/trial.
(Soni Shrivastava, J)
devendra/-
U T
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