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Patna High Court

Safi AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.4935 of 2026(2) dt.29-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.4935 of 2026(2) dt.29-01-2026
                                                       3/3




                     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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