Faiyaz Ansari @ Faiyaj Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61923 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Faiyaz Ansari @ Faiyaj Ansari S/o- Mostakim Ansari Village- SAreya Baduraha Ps- Dumariyaghat Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Dumariyaghat Police Station Case No. 85 of 2025, disclosing offence under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that on 12.04.2025, during patrolling, the informant received secret information that an Apache motorcycle bearing registration No. BR05-AU-3910, carrying illicit liquor, was coming from Semuapur and going towards Siswa. Acting on this information, the police party proceeded towards the place of occurrence and saw three persons,
Patna High Court CR. MISC. No.61923 of 2025(2) dt.24-09-2025 2/3 including the driver, coming on the said motorcycle. They were signalled to stop. On getting signal, the persons on the motorcycle tried to flee but were apprehended by the police. The apprehended persons disclosed their names as co-accused. Upon search, total 20 litres country-made liquor was recovered from the motorcycle bearing Registration No. BR05AU3910.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has merely been implicated in this case on the basis of the fact that he happens to be the owner of the motorcycle. Learned counsel further submits that on perusal of the FIR, it is evident that the police got the information that three persons were carrying liquor in the motorcycle. Ranu Kumar borrowed the motorcycle from the petitioner for some urgent work and the petitioner was not knowing that the the motorcycle will be misused by him. Petitioner is having no criminal antecedent.
5. Having regard to the submissions made by the parties and taking into consideration the justification given by the petitioner and the fact that the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.61923 of 2025(2) dt.24-09-2025 3/3
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-3, Motihari, East Champaran, in connection with Dumariyaghat Police Station Case No. 85 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T