Patna High Court
Sagir AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Sagir Ahmad and Rijwan Ansari, were arrested as driver and co‑driver of a vehicle from which 466.02 litres of liquor was seized, and were charged under Sections 30(a), 32(1)(2) and 41(1)(2) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no liquor was found in their personal possession, that they were not owners of the vehicle, and that they had no prior criminal record. The State opposed bail, while the petitioners argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The High Court, after considering the circumstances and the period of custody, granted bail to both petitioners with a bond of Rs. 15,000 and two sureties each, imposing conditions on appearance and family surety for petitioner No. 1. The order reflects the court’s view that the bail criteria were satisfied despite the serious nature of the offences.
Issues considered
- Whether bail should be granted to accused under the Bihar Prohibition and Excise Act when no incriminating article is found in their possession.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the status of the accused as driver/co‑driver, without ownership of the vehicle, affects the bail decision.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- excise law
- false implication
- driver liability
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4009 of 2026
Arising Out of PS. Case No.-586 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Sagir Ahmad S/o Majid Ansari R/o Village- Mathiya Alam, P.S- Nebua
Naurangiya, Dist- Kushinagar (U.P.)
2. Rijwan Ansari S/o Idrish Ansari R/o Village- Rampur Bhat, P.S- Ramkela,
Dist- Kushinagar (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Banjariya P.S. Case No. 586 of 2025 instituted for the offences
punishable under Sections 30(a), 32(1)(2), 41(1)(2) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 466.02
litres of liquor was recovered from pickup.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the co-driver and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 22.11.2025 and have no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no. 1 be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Banjariya P.S. Case
No. 586 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner no.1.
(II) The petitioner no.1 shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner no.1.
8. Let the petitioner no. 2 be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Banjariya P.S.
Case No. 586 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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