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Patna High Court

Kutubuddin AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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