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Patna High Court

Md. Mustkim AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the vehicle was driven by the petitioner’s driver and the petitioner has a clean antecedent, anticipatory bail is warranted.

Summary

The petitioner, Md. Mustkim Ansari, was implicated in an excise case where 207 litres of illicit foreign liquor were seized from a vehicle registered in his name. He claimed that the vehicle was being driven by his driver at the time of the seizure and that he had no knowledge or involvement in the offence, asserting his clean antecedent. The prosecution opposed his request for anticipatory bail, citing the alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2016. The court, after considering the facts, found that the petitioner’s ownership of the vehicle alone did not establish culpability and noted his clean record. Consequently, the court granted anticipatory bail subject to a bond, sureties, and specific conditions, including appearance before the trial court and non‑interference with witnesses or evidence.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Amendment Act, 2016.
  • Whether the petitioner’s ownership of the vehicle used in the alleged offence is sufficient to deny bail.
  • Whether there is a risk of the petitioner tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • vehicle ownership
  • clean antecedent
  • Bihar Prohibition and Excise Amendment Act
  • Section 30
  • Section 32
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35175 of 2026
                        Arising Out of PS. Case No.-16 Year-2026 Thana- Excise P.S. District- Banka
                 ======================================================
                 Md. Mustkim Ansari S/o Mohamad Ali R/o Village - Chahal, P.S. -
                 Bhelwaghati, Dist. - Giridih(Jharkhand).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dhirendra Kumar, Adv.
                 For the Opposite Party/s :         Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-05-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State through virtual mode.

                           2. The petitioner is apprehending his arrest in connection

                   with Banka Excise P.S. Case No. 16 of 2026 dated 14.01.2026

                   registered for the offence punishable under Section/s 30(a) &

                   32(3) of the Bihar Prohibition and Excise Amendment Act,

                   2016.

                           3. As per the prosecution case, the police has recovered

                   total 207 liters of illicit foreign made liquor from the vehicle

                   bearing Regd. No. JH17Q 4668.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case solely on the ground that the seized vehicle is

                   allegedly registered in his name. It is next submitted that the
Patna High Court CR. MISC. No.35175 of 2026(2) dt.25-05-2026
                                            2/3




          petitioner is the owner of the vehicle bearing Regd. No. JH17Q

          4668 from where recovery of seized illicit liquor is said to have

          been made. It is further submitted that, at the time of the

          occurrence, the alleged vehicle was being driven by his driver,

          who had been employed to drive the same, and that the vehicle

          had been taken by him for personal use. It is next submitted that

          the petitioner has in no way connected with the seized article

          and he came to know about the occurrence when he was

          informed by the driver. It is further submitted that the petitioner

          is a person of clean antecedent and is ready to abide by the

          terms and conditions in case he is granted privilege of

          anticipatory bail by this Court.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that the vehicle, from which seized article

          has been made, was being driven by the driver and the petitioner

          is a person of clean antecedent, let the petitioner, above named,

          be released on anticipatory bail in the event of his arrest or

          surrender before the court below within a period of six weeks

          from today on furnishing bail bond of Rs. 10,000/- (rupees ten

          thousand) with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.35175 of 2026(2) dt.25-05-2026
                                                           3/3




                        satisfaction of learned Special Judge Exclusive Excise Court-2,

                        Banka in connection with Banka Excise P.S. Case No. 16 of

                        2026, subject to the condition as laid down under Section 482(2)

                        of the B.N.S.S. as well as the following conditions:

                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative/known of the petitioner(s) who shall provide

                        official document / personal affidavit to show his/her bona fide;

                                (ii) the petitioner(s) shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T


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