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Patna High Court

Sajad Ansari @ Sajjad AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, finding that the breach of statutory search and seizure requirements justified release on bond.

Summary

The petitioners, Sajad Ansari and Gyasuddin Ansari, were arrested as driver and co‑driver of a vehicle from which 138.240 litres of English liquor was seized. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioners contended that they had no knowledge of the liquor, that the liquor was not found in their personal or conscious possession, and that the search and seizure were not conducted in accordance with mandatory statutory provisions. The State opposed the bail application, while the petitioners highlighted their clean record (except one unrelated case for the second petitioner) and their prolonged pre‑trial detention since 27‑04‑2026. The Court observed that the mandatory provisions of search and seizure had been violated and therefore granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of relative bailor and regular court attendance. The bail order was pronounced by Justice Soni Shrivastava.

Issues considered

  • Whether the alleged violation of mandatory search and seizure provisions warrants the grant of bail to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • search and seizure
  • Section 30(a)
  • liquor seizure
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36697 of 2026
                     Arising Out of PS. Case No.-647 Year-2026 Thana- EXCISE BAGHA District- West
                                                       Champaran
                 ======================================================
           1.     Sajad Ansari @ Sajjad Ansari Son of Mumtaj Ansari @ Mamtaj Ansari
                  Resident of Village- Semari Bhawanipur, P.S.- Nawalpur, District- West
                  Champaran.
           2.     Gyasuddin Ansari @ Gyasuddin Miyan Son of Rajak Miyan Resident of
                  Village- Semari Bhawanipur, P.S.- Nawalpur, District- West Champaran.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Umesh Kumar Gupta, Advocate
                 For the State           :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   09-06-2026                      Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.

                                   3. There is recovery of 138.240 liters of English liquor

                   from a car and the petitioners are said to be the driver and co-driver

                   of the said car.

                                   4. Learned counsel for the petitioners submits that the

                   petitioners had no knowledge of any liquor being present in the said

                   vehicle. Further, there is no recovery from the personal or conscious

                   possession of the petitioners and there is no independent witness to

                   search and seizure. While petitioner No.1 has no criminal antecedent

                   and petitioner No.2 is an accused in only one other case which is not
           Patna High Court CR. MISC. No.36697 of 2026(2) dt.09-06-2026
                                                       2/2




                     of similar nature. They are languishing in custody since 27.04.2026.

                                     5. Learned APP for the State opposed the bail petition.

                                    6.    Taking      into    consideration   the   facts   and

                     circumstances of the case and also considering the fact that

                     mandatory provisions of search and seizure have been violated, let

                     the above named petitioners, be released on bail on furnishing bail

                     bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties

                     of the like amount each to the satisfaction of the learned Special

                     Judge, Excise, Bagaha, West Champaran/concerned Court below in

                     connection with Bagaha Excise P.S. Case No. 647 of 2026 subject to

                     conditions that:-

                                    (i) One of the bailors will be their own blood relative,

                     preferably, father, mother, brother, sister and/or his wife.

                                   (ii)   The petitioners shall remain physically present in

                     court on each and every date during trial and in the event of failure

                     on two consecutive dates without sufficient reasons, their bail bonds

                     shall be liable to be cancelled by the learned court concerned.



                                               (Soni Shrivastava, J)
priyanka/Nitu/-

U      T


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