Patna High Court
Saddam Ansari @ Sadam AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bond of Rs.10,000, two sureties, and a condition that bail may be cancelled if an antecedent under the Bihar Prohibition and Excise Act, 2016 is later discovered.
Summary
The petitioner, Saddam Ansari, was arrested after 112 litres of illicit liquor were allegedly recovered from his e‑rickshaw in connection with a case under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. He contended that he was falsely implicated, that no incriminating article was found on his person or vehicle, and that the liquor might have been left by a passenger. The petitioner had been in custody since 23 April 2026 and had no prior criminal record. The State opposed the bail application. Considering the nature of the allegation, the length of custody, and the absence of antecedents, the Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to cancellation if an antecedent under the Act later emerges.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.
- Whether the absence of an incriminating article and lack of prior criminal record justify bail.
- What conditions, if any, should be imposed on the bail and the procedure for its possible cancellation.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise law
- illicit liquor
- false implication
- criminal antecedent
- regular bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40964 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Saddam Ansari @ Sadam Ansari S/o Sanaul Ansari R/o Vill- Katsa Chauk,
Ward No. 9, P.S.- Bheldi, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravikant, Advocate
Mr. Nishant Sinha, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sadar Excise P.S. Case
no.96 of 2026 registered under sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 112 litres of illicit
liquor was recovered from the e-Rikshaw of the petitioner and
the petitioner was taken into custody.
4. Learned counsel for the petitioner submits that he
has been falsely implicated in the case. No incriminating article
has been recovered either from the petitioner’s possession or
from his e-Rikshaw. He drives e-Rikshaw to earn his livlihood
and the alleged packet containing the liquor may have been left
behind by one of his passengers. The petitioner is in custody
Patna High Court CR. MISC. No.40964 of 2026(2) dt.01-07-2026
2/2
since 23.4.2026 and has no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the F.I.R., the petitioner being in custody since
23.4.2026 and especially his not having any criminal
antecedent, the petitioner is directed to be enlarged on bail in
connection with Sadar Excise P.S. Case no.96 of 2026, 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 3rd Exclusive Excise Court, Saran on the following
condition :-
(I) If it subsequently transpires that the petitioner has
an antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
avinash/-
U T
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