Patna High Court
Sajad Ansari @ Sajjad AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.