Patna High Court
Md. Raja Ansari @ Mohamad Raja Ansari @ Mahammad Raja AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Md. Raja Ansari, was arrested on 31 October 2025 after 351 litres of illicit country-made liquor were recovered from a Bolero vehicle he was driving. He applied for bail, claiming innocence, lack of knowledge about the cargo, no incriminating material in his possession, and no prior criminal record. The prosecution opposed bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court noted the petitioner had been in custody for over three months, there was no evidence of his conscious possession, and Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions of family surety and mandatory appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the accused's conscious possession justifies bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the bail application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- driver liability
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5434 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Md. Raja Ansari @ Mohamad Raja Ansari @ Mahammad Raja Ansari Samim
Ansari @ Shamim Ansari R/o Village - Sipaha Khas, P.S. - Manjhagarh,
District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indrajeet Bhushan, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Vishambharpur P.S. Case No. 210 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 351
liters of country made liquor was recovered from Bolero
vehicle. Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Charge-sheet has
been submitted in this case. Learned counsel further submitted
Patna High Court CR. MISC. No.5434 of 2026(2) dt.31-01-2026
2/2
that the petitioner is driver of the vehicle and he has no
knowledge regarding the goods loaded in the vehicle. The
petitioner is in custody since 31.10.2025 and has got 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Vishambharpur P.S.
Case No. 210 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner 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 petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.