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Patna High Court

Shahbuddin AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                        3/3




                      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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