Patna High Court
Washim AnshariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail in the case.
Summary
The petitioner, Washim Anshari, was arrested in connection with the alleged recovery of 200 litres of spirit from two vehicles and a newly constructed house, offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the seized vehicles or the house and that his proximity to the site led to his implication, further alleging that the investigation was mechanical. The petitioner had an antecedent case and had been in custody since 4 July 2025, with a charge‑sheet already filed. The State opposed the bail application. The Court, after considering the petitioner's submissions, held that bail was appropriate and ordered his release on a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite the antecedent and nature of the offence
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Bihar
- criminal procedure
- antecedent
- seizure
- spirit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8872 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- TARAIYA District- Saran
======================================================
Washim Anshari Son of Jamil Hussain @ Jameel Hussain Resident of Village-
Penjhi Bhualpur, P.S.- Mahraura, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of 200 litres of spirit from two different vehicles and
from a newly constructed house.
4. Learned counsel for the petitioner submits that the
petitioner is neither the owner of any of the seized vehicles nor
the newly constructed house belongs to him, but then petitioner
resides within the vicinity of the place of occurrence as such he
came to be implicated as he was having antecedent under the
Patna High Court CR. MISC. No.8872 of 2026(2) dt.16-02-2026
2/2
Excise Act. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically without holding a proper
investigation. It is also submitted that petitioner is in custody
since 4-7-2025 and charge-sheet has been submitted.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Taraiya P.S. Case
No. 211 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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