Patna High Court

Mansur AnsariversusThe State of Bihar

Decided: 11 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, directing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Mansur Ansari, was arrested in connection with the seizure of 5,897.16 litres of illicit foreign liquor from a truck and charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He contended that he was merely the driver, had no knowledge of the contraband, and that the seizure was not made in compliance with Section 105 of the B.N.S.S., also asserting no prior criminal record and having been in custody since 30 January 2026. The State opposed his request for regular bail. After hearing both sides, the court considered the lack of personal possession, the petitioner’s claim of innocence, and the procedural deficiencies alleged in the seizure. The court decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Exclusive Special Excise Court No.02, East Champaran. The order effectively released the petitioner from judicial custody pending further trial.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail consideration.
Whether the petitioner’s role as a driver and lack of knowledge of the illicit liquor negate criminal liability for the offence.

Legislation cited

Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
B.N.S.S. — s. 105

Subjects

bail
excise law
illicit liquor
Section 30(a)
driver liability
seizure procedure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30861 of 2026
                   Arising Out of PS. Case No.-37 Year-2026 Thana- EXCISE MADHUBAN District- East
                                                        Champaran
                 ======================================================
                 Mansur Ansari S/O Kasim Ansari Resident of Village- Mehapur (Mahapur),
                 P.S.- Sonra Etardhi Sona Raje(Sonra Etardhi Sona Rai), District- Deoghar,
                 Jharkhand.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   11-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. The case of the prosecution, in short is that from a

                   truck, altogether 5897.16 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Learned counsel for the

                   petitioner has submitted that petitioner is merely a driver of the

                   truck. It has further been submitted that the said truck was
             Patna High Court CR. MISC. No.30861 of 2026(2) dt.11-05-2026
                                                         2/2




                       handed over to the petitioner by one Imamudin to deliver the

                       goods to Kotwa. He was having no knowledge about the said

                       liquor. Nothing has been recovered from his possession. It has

                       further been submitted that the witnesses of the seizure list are

                       police personnel. Police has not complied Section 105 of the

                       B.N.S.S. while making the seizure. Petitioner is having no

                       criminal antecedent and he is languishing in judicial custody

                       since 30.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Excise Madhuban P.S. Case No. 37 of 2026 on furnishing bail

                       bond of Rs.10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of learned Exclusive Special

                       Excise Court No.02, East Champaran at Motihari.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T

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