Patna High Court
Kalam AnsariversusThe State of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to a bond, sureties, a charitable donation, and regular police station attendance.
Summary
The petitioner, Kalam Ansari, was arrested as the driver of a truck from which 518 litres of illicit foreign liquor was seized, and was charged under sections 30(a) and 41 of the Bihar Prohibition & Excise Act. He claimed he was unaware of the liquor's presence in the vehicle and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The High Court, considering his lack of knowledge, the period of custody, and his willingness to provide a donation, granted regular bail on a bond of Rs.10,000 with two sureties, subject to depositing Rs.25,000 with the Ramakrishna Mission and attending the Taljhari Police Station every Sunday. The order is limited to the bail application and does not prejudice the merits of the trial. The court directed the order be communicated to the Superintendent of Police, Dumka.
Issues considered
- Whether bail should be granted to the driver accused under sections 30(a) and 41 of the Bihar Prohibition & Excise Act.
- Whether the driver's claim of lack of knowledge of the illicit liquor justifies bail.
- Whether the conditions imposed (bond, donation, regular police attendance) are appropriate for bail in such offences.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 41
Subjects
- bail
- prohibition act
- excise
- illicit liquor
- driver
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41310 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- BIHRA District- Saharsa
======================================================
Kalam Ansari S/O Samsul Ansari R/O Village - Kend khapra, P.s- Taljhari,
District - Dumka Jharkhand
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Chandra Mohan Jha, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor appearing on behalf of the
State.
2. The petitioner seeks regular bail in
connection with Bihra P.S. Case No.48 of 2026 registered for
the offence under sections 30(a) and 41 of the Bihar Prohibition
& Excise Act.
3. About 518 litres of illicit foreign liquor has
been recovered from a truck. The petitioner is said to be the
driver of the said truck. He is in custody since 12.02.2026.
4. It has been submitted by learned counsel for
the petitioner that the petitioner was unaware about the liquor
which has been kept in the said truck and being the driver of the
truck he was driving the said truck.
Patna High Court CR. MISC. No.41310 of 2026(2) dt.24-06-2026
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5. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.25,000/- in
some charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
7. Considering the submissions of learned
counsel for the petitioner and also his period of custody, this bail
application is allowed.
8. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special (Excise) Judge- II, Saharsa /
concerned Court below, in connection with Bihra P.S. Case
No.48 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.
Vidyapith Deoghar (Jharkhand), and produce the receipt of the
same before the Court below at the time of furnishing bail
bonds. The bail bonds of the petitioner shall only be accepted
after verifying the genuineness of the receipt produced by him.
10. This is also subject to the condition that the
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petitioner shall also mark his attendance at Taljhari Police
Station, District- Dumka (Jharkhand) on every Sunday of the
month. Any default in appearance at the Police Station would
result in cancellation of bail bonds of the petitioner.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
12. Let a copy of this order be communicated to
the Superintendent of Police, Dumka (Jharkhand) forthwith
through FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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