Sajad Ansari @ Sajjad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36697 of 2026 Arising Out of PS. Case No.-647 Year-2026 Thana- EXCISE BAGHA District- West Champaran ====================================================== 1.

Sajad Ansari @ Sajjad Ansari Son of Mumtaj Ansari @ Mamtaj Ansari Resident of Village- Semari Bhawanipur, P.S.- Nawalpur, District- West Champaran.

2.

Gyasuddin Ansari @ Gyasuddin Miyan Son of Rajak Miyan Resident of Village- Semari Bhawanipur, P.S.- Nawalpur, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-06-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. There is recovery of 138.240 liters of English liquor from a car and the petitioners are said to be the driver and co-driver of the said car.

4. Learned counsel for the petitioners submits that the petitioners had no knowledge of any liquor being present in the said vehicle. Further, there is no recovery from the personal or conscious possession of the petitioners and there is no independent witness to search and seizure. While petitioner No.1 has no criminal antecedent and petitioner No.2 is an accused in only one other case which is not

Patna High Court CR. MISC. No.36697 of 2026(2) dt.09-06-2026 2/2 of similar nature. They are languishing in custody since 27.04.2026.

5. Learned APP for the State opposed the bail petition.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that mandatory provisions of search and seizure have been violated, let the above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, West Champaran/concerned Court below in connection with Bagaha Excise P.S. Case No. 647 of 2026 subject to conditions that:- (i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned. (Soni Shrivastava, J) priyanka/Nitu/- U T