Patna High Court
Jaffir AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioner on furnishing a cash bond of Rs.10,000 with two sureties of equal amount.
Summary
The petitioner, Jaffir Ansari, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 after 135 litres of Nepali liquor was recovered from a vehicle he was riding. The petitioner argued that no incriminating article was found in his conscious possession and that he had been in custody since 5 April 2026. The State opposed bail. The Court noted the absence of any seized contraband on the petitioner and the length of his pre‑trial detention, and therefore decided to grant bail. Bail was set at a cash bond of Rs.10,000 with two sureties of the same amount, to be filed with the Exclusive Special Excise Court‑I, Sitamarhi. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given that no incriminating article was recovered from his possession.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34895 of 2026
Arising out of PS. Case No.-87 Year-2026 Thana- BELA District- Sitamarhi
======================================================
Jaffir Ansari S/o Khuddadin Ansari R/o Village- Sirsiya, PS- Bela, Dist-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Bela P.S. Case No. 87 of
2026 registered under Sections 30(a) of Bihar Prohibition and
Excise Act, 2018.
3. The allegation is that 135 litres of Nepali liquor
was recovered from the Alto Car and the petitioner is said to be
rider of the said vehicle.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner is in custody since 05.04.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.34895 of 2026(2) dt.20-05-2026
2/2
6. Considering that nothing incriminating article was
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 05.04.2026, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special
Excise Court-I, Sitamarhi, in connection with Bela P.S.
Case No. 87 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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