Mukul Ansari @ Nausad Ansari @ Naushad Ali @ Mukul Ansari NausadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35898 of 2026
                     Arising Out of PS. Case No.-418 Year-2025 Thana- MIRGANJ District- Gopalganj
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                 Mukul Ansari @ Nausad Ansari @ Naushad Ali @ Mukul Ansari Nausad S/O
                 Akbar Ansari @ Ali Akbar R/O Village- Baraipatti, P.S- Mirganj, Dist.-
                 Gopalganj, State- Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurabh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   27-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mirganj P.S. Case No.418 of 2025 for allegedly having

                   committed offences under Section 30(a) of Bihar Prohibition

                   and Excise (Amendment) Act, 2022 and Section 317(5) of

                   B.N.S., 2023.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to

                   the effect that he got a secret information that the petitioner

                   along with other co-accused is transporting huge quantity of

                   liquor in a Scorpio vehicle via Bala-Hata-Harkhauli Paschim

                   Tola. To verify the authenticity of the said secret information,
Patna High Court CR. MISC. No.35898 of 2026(2) dt.27-05-2026
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          the informant along with the police party reached near the house

          of Jitendra Pathak at about 13:00 hours. He saw a Scorpio

          coming from the opposite direction and when the Scorpio was

          signaled to stop. However, upon seeing the police party, the

          persons sitting in the same, managed to flee. Upon seeing the

          police party, the local people assembled there and they disclosed

          the names of the persons, who fled away as Vikash Kumar and

          Mukul Ansari (petitioner herein). In presence of the witnesses,

          the said Scorpio vehicle, bearing Registration No. DL3CAS-

          2737 was searched and total 204 litres of Beer and Whiskey was

          recovered from the said vehicle. Accordingly, the First

          Information Report was lodged.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence.

          The petitioner was not present at the place of occurrence and

          nothing has been recovered from his possession. The learned

          counsel for the petitioner submits that the petitioner has been

          implicated in the present case on the basis of statement given by

          the local people, who assembled there. He further submits even

          the seized Scorpio does not belong to him and further the

          petitioner has got no concern with alleged seized liquor. The

          learned counsel for the petitioner further submits that the
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          petitioner is an accused in two other cases of similar nature,

          however he in on bail in both the cases.

                       6. Per Contra, the learned APP appearing on behalf

          of the state opposes the prayer for anticipatory bail of the

          petitioner and submits that the petitioner is a habitual offender,

          having similar nature of cases and therefore he does not deserve

          the privilege of anticipatory bail.

                       7. Having considered the rival submissions and after

          going through the records, it appears that the petitioner was not

          present at the place of occurrence, however on the basis of the

          identification of the local people, his name has transpired in the

          present case. The petitioner is not the owner of the seized

          vehicle and only on suspicion, his name has been taken by the

          local people, to be the person who along with co-accused Vikash

          Kumar fled away from there. Total recovery is to the tune of 204

          litres from the Scorpio vehicle, which admittedly does not

          belong to the petitioner.

                       7. Taking into consideration the facts aforesaid, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks, be released 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
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                          A.D.J.-IV-cum-Exclusive Special Excise Court-II, Gopalganj in

                          connection with Mirganj P.S. Case No.418 of 2025, subject to

                          the conditions laid down under Section 482(2) of the B.N.S.S

                          with a further condition that:-

                                       The learned court concerned shall verify the criminal

                          antecedent of the petitioner and in case at any stage it is found

                          that the petitioner has concealed his criminal antecedent, the

                          court concerned shall take steps for cancellation of bail bond of

                          the petitioner. However, the acceptance of bail bond in terms of

                          the above-mentioned order shall not be delayed for purpose of

                          or in the name of verification.


                                                      (Ritesh Kumar, J.)

Sanjay/Shital

U        T