Patna High Court
Safi AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Safi Ansari and Ramjanam Mahto, were arrested on 27 November 2025 after 255 litres of Nepali liquor were recovered from a Bolero vehicle in Mahuawa, East Champaran. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act, with the driver claiming ignorance of the cargo and the passenger asserting no knowledge of the goods. The petitioners argued that no incriminating material was found on them, that they were innocent, and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed bail, citing the seriousness of the offence. The Court, considering the length of custody, the lack of direct evidence, and the petitioners' antecedents, decided to grant bail subject to monetary and procedural conditions. Consequently, both petitioners were released on bail of Rs. 15,000 each with two sureties, and were directed to appear at every trial date.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the facts and circumstances, including custody period and criminal antecedents, justify the grant of bail.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- Section 30(a)
- Section 103
- criminal procedure
- custody
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4935 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- MAHUAWA District- East Champaran
======================================================
1. Safi Ansari Son of Navir Mian R/o P.S. - Turkauliya, District - East
champaran.
2. Ramjanam Mahto Son of Nandu Mahto @ Nandu Mahto R/o Village -
Shankar Saraiya, P.S. - Turkauliya, District - East champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Mahuawa P.S. Case No. 149 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 255
liters of Nepali liquor was recovered from Bolero. Petitioners
were arrested on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. The
petitioner No.1 is the driver of the vehicle and petitioner No.2
was found sitting in the said vehilce and they have no
knowledge regarding nature of goods loaded on the vehicle. The
petitioners are in custody since 27.11.2025. The petitioner No.1
has one criminal antecedent, whereas petitioner no.2 has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik 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 Safi Ansari be released on
bail after framing of charge, if not already framed, and
petitioner no.2 Ramjanam Mahto be released on bail, on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with Mahuawa
P.S. Case No. 149 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
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the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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