Patna High Court
Shahbuddin AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Shahbuddin Ansari, sought anticipatory bail after a police case alleged that 55 litres of illicit country-made liquor were recovered from his motorcycle (Reg. No. BR28U-5856). He contended that he was unaware of the motorcycle's use by co‑accused Amarjeet Yadav and had no criminal antecedent or possession of the liquor. The State argued that ownership of the vehicle linked the petitioner to the offence under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act, 2022. The court considered the petitioner’s clean record, his absence at the scene, and the lack of evidence of conscious possession. Applying Section 438(2) of the Cr.P.C., the court granted anticipatory bail on condition of a bail bond and sureties, subject to the trial court’s jurisdiction. The application was allowed.
Issues considered
- Whether the petitioner is liable for the alleged offence merely by owning the motorcycle from which liquor was recovered
- Whether anticipatory bail under Section 438 Cr.P.C. should be granted in view of the facts and clean antecedent
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Bihar Prohibition and Excise Amendment Act
- ownership of vehicle
- clean antecedent
- illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8723 of 2026
Arising Out of PS. Case No.-101 Year-2022 Thana- VISHAMBHARPUR District- Gopalganj
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Shahbuddin Ansari S/o Bhes Mohammed Miya @ Bhesh Mohammed
Resident of - Baraipatti, P.S- Jadopur, District- Gopalganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Adv.
For the State : Mr. Shyam Bihari Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Vishambharpur P.S. Case No. 101 of 2022
registered for the offence punishable under Sections 30(a), 37 of
Bihar Prohibition and Excise Amendment Act, 2022.
3. As per prosecution case, there is total recovery of
301.200 litre country made liquor from four motorcycles in
question, out of which 55 litre country made liquor is said to
have been recovered from the motorcycle bearing Registration
No. BR28U-5856.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that petitioner is not named in the
Patna High Court CR. MISC. No.8723 of 2026(2) dt.18-02-2026
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FIR and during course of investigation, his name transpired in
this case being owner of the motorcycle bearing Registration
No. BR28U-5856. Learned counsel further submits that co-
accused Amarjeet Yadav had taken the motorcycle of the
petitioner in good faith and petitioner had no knowledge that his
motorcycle was being used in carrying the illicit liquor and
hence, he cannot be held responsible for the alleged recovery.
Petitioner bears no criminal antecedent. He further submits that
nothing has been recovered from conscious possession of the
petitioner. Petitioner was not found at the place of occurrence.
Petitioner has no concern with the seized liquor. In the light of
the aforesaid facts and circumstances of the case, no case is
made out against the petitioner under the provisions of Bihar
Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that petitioner
is owner of the motorcycle bearing Registration No. BR28U-
5856 from which 55 litre country made liquor has been
recovered and hence, petitioner cannot escape from the
allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, petitioner
Patna High Court CR. MISC. No.8723 of 2026(2) dt.18-02-2026
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was not found at the place of occurrence, argument advanced on
behalf of both sides and also taking into consideration the
material available on record, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District and Sessions Judge-
IV-cum-Exclusive Special, Excise Court No. II, Gopalganj in
connection with Vishambharpur P.S. Case No. 101 of 2022,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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