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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

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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