Najim Ansari @ Raju Mian @ Md. Najim AnsariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9354 of 2026
                      Arising Out of PS. Case No.-936 Year-2024 Thana- Excise P.S. District- Nawada
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                 Najim Ansari @ Raju Mian @ Md. Najim Ansari Son of Javed Ansari
                 Resident of Village- Dhodhakala, P.S.- Domchanch, District- Koderma,
                 Jharkhand

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Mushtaque Alam, APP
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                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsels for the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Nawada Excise P.S. Case No. 936 of 2024 dated

                   31.12.2024 registered for the offences punishable under

                   Sections 30(a) and 47 of the Bihar Prohibition & Excise Act (in

                   short ‘Excise Act’).

                                3. The main submissions advanced by the petitioner’s

                   counsel are that, as per the case of the prosecution, 16.50 litres

                   of foreign liquor were recovered from a motorcycle being ridden

                   by two persons, namely, Subhash Kumar and Sanjay Saw, who

                   were apprehended at the spot at the time of recovery, however, it

                   is not the case of the prosecution that the petitioner was found or

                   seen with them and managed to escape, or that a third person
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          was present with the apprehended accused, it is, therefore, an

          admitted position that the petitioner was not with the

          apprehended accused, and the basis of implicating him as an

          accused is merely the disclosure made by the apprehended co-

          accused, with whom the petitioner has no good relation on

          account of being co-villagers, in this regard, a specific statement

          has been made in paragraph 9 of the petition further, the

          statement of the apprehended co-accused, falling within the

          purview of their confessional statement, has no evidentiary

          value. It is further submitted that the alleged motorcycle does

          not belong to the petitioner; hence, the alleged offences

          punishable under the Excise Act, under which the FIR has been

          registered, do not attract even prima facie against the petitioner

          and therefore, the prayer for anticipatory bail of the petitioner is

          not hit by the provisions of Section 76(2) of the Excise Act. It is

          lastly submitted that although there is a criminal antecedent

          against the petitioner relating to an offence under the Excise

          Act, in that case the petitioner was made an accused merely on

          the basis of a confessional statement, however, he is on bail in

          that case.

                     4. Though learned APP has opposed the prayer for bail

          of the petitioner but fairly accepts that only two persons were
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                     found on the alleged motorcycle with the alleged wine and were

                     apprehended at the spot, and the name of the petitioner came to

                     light in the disclosure-cum-confessional statement of the

                     apprehended co-accused, except this, there is nothing against the

                     petitioner.

                                   5. In the facts and circumstances of this case as well

                     as considering the submissions as stated above, coupled with the

                     pleas of the petitioner, this Court is inclined to grant the relief of

                     anticipatory bail to the petitioner. Accordingly, let the petitioner

                     named-above, in the event of his arrest or surrender before the

                     learned Court below within a period of six weeks from today, be

                     released on anticipatory bail on furnishing bail bond of Rs.

                     20,000/- (Rupees Twenty Thousand) with two sureties of the

                     like amount each to the satisfaction of the Court concerned in

                     connection with Nawada Excise P.S. Case No. 936 of 2024,

                     subject to the conditions as laid down under Section 482(2) of

                     the B.N.S.S.



                                               (Shailendra Singh, J)
maynaz/-

U     T