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2026 DAILYLAW 32039 (PAT)

Safi Ansari v. The State of Bihar

CR. MISC./4935/2026 · 2026-01-29

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4935 of 2026 Arising Out of PS. Case No.-149 Year-2025 Thana- MAHUAWA District- East Champaran ====================================================== 1. Safi Ansari Son of Navir Mian R/o P.S. - Turkauliya, District - East champaran. 2. Ramjanam Mahto Son of Nandu Mahto @ Nandu Mahto R/o Village - Shankar Saraiya, P.S. - Turkauliya, District - East champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 29-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Mahuawa P.S. Case No. 149 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 255 liters of Nepali liquor was recovered from Bolero. Petitioners were arrested on the spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from Patna High Court CR. MISC. No.4935 of 2026(2) dt.29-01-2026 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioner No.1 is the driver of the vehicle and petitioner No.2 was found sitting in the said vehilce and they have no knowledge regarding nature of goods loaded on the vehicle. The petitioners are in custody since 27.11.2025. The petitioner No.1 has one criminal antecedent, whereas petitioner no.2 has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioner No.1 Safi Ansari be released on bail after framing of charge, if not already framed, and petitioner no.2 Ramjanam Mahto be released on bail, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahuawa P.S. Case No. 149 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of Patna High Court CR. MISC. No.4935 of 2026(2) dt.29-01-2026 3/3 the family of the petitioners. (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. manish/- (Rudra Prakash Mishra, J) U T