Patna High Court
Mohammad Sarfaraz AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Mohammad Sarfaraz Ansari, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in the illegal trade of 180 litres of illicit liquor. He contended that he was merely the driver of the auto in which the liquor was being carried and had no knowledge or possession of the contraband, emphasizing the absence of independent witnesses to the seizure. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the liquor was not found in the petitioner's conscious possession and that he had a clean antecedent. Consequently, the court directed that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner had actual possession or knowledge of the illicit liquor seized
- Whether the FIR under Section 30(a) of the Bihar Prohibition and Excise Act justifies arrest
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- possession
- clean antecedent
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40959 of 2026
Arising Out of PS. Case No.-319 Year-2026 Thana- SHASTRINAGAR District- Patna
======================================================
Mohammad Sarfaraz Ansari S/O Mohammad Amanullah R/O Ward no 01,
Sarkhauli, Sitamarhi, P.S- Kanhauli, District- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Sailesh Kumar, Advocate
For the Opposite Party : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Shashtri Nagar
P.S. Case No.319 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 180 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely for
the reason that petitioner was the driver of auto. It is
Patna High Court CR. MISC. No.40959 of 2026(2) dt.25-06-2026
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submitted that the alleged liquor does not belong to this
petitioner. The recoverd liquor was being carried by
passenger, without the knowledge of this petitioner. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is further argued
that no independent witness was associated with the search
and seizure list and the seizure witnesses were police
personnel themselves. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to 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
learned Exclusive/Excise Court No. 2 Civil Court, Patna,
Patna High Court CR. MISC. No.40959 of 2026(2) dt.25-06-2026
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Patna Sadar, Patna at Patna, in connection with Shashtri
Nagar P.S. Case No.319 of 2026, subject to the conditions
as laid down under Section 438(2) of the CrPC/under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
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