Ashraf Ansari @ Md. Asraf Ansari v. The State of Bihar

Patna HC9 May 2025CR. MISC./9597/2025

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.9597 of 2025 (decided 09-05-2025), Chandra Prakash Singh, J.: anticipatory bail allowed to Ashraf Ansari @ Md. Asraf Ansari in Excise (Sherghati) P.S. Case No. 171 of 2024 u/Ss 30(a) & 32(c) Bihar Prohibition and Excise Act despite State's S.76(2) bar plea; Full Bench ruling in Ram Vinay Yadav 2019 (2) PLJR 1089 relied upon; bail bond Rs. 20,000 with two sureties; conditions under S.482(2) BNSS.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged upon arrest/surrender within six weeks on a bail-bond of Rs. 20,000 with two sureties of the like amount each, subject to conditions under section 482(2) of the B.N.S.S., in connection with Excise (Sherghati) P.S. Case No. 171 of 2024. ¶¶23

Ashraf Ansari @ Md. Asraf Ansari Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Excise (Sherghati) P.S. Case No. 171 of 2024 dated 04.10.2024 registered under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail. +1 more

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Court's answer

The petitioner is to be enlarged on anticipatory bail in the event of his arrest/surrender within six weeks, on furnishing a bail-bond of Rs. 20,000 with two sureties of the like amount each, subject to conditions laid down under section 482(2) of the B.N.S.S., in connection with Excise (Sherghati) P.S. Case No. 171 of 2024.

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Ratio / Principle

The anticipatory bail prayer was entertained and allowed notwithstanding the State's submission that the bar of Section 76(2) of the Act applied, in line with the Full Bench ruling in Ram Vinay Yadav (2019 (2) PLJR 1089) relied upon in the matter.

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Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition and Excise Act, Ss. 30(a) & 32(c) — 100 litres illicit country-made liquor allegedly recovered from e-rickshaw — petitioner pleaded innocence, no incriminating material from conscious possession, not driver of vehicle, no criminal antecedents — co-accused already granted regular bail (Cr. Misc. No. 87771 of 2024, dt. 06.02.2025) — State pressed bar of S. 76(2) — adverting to Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089 (anticipatory bail maintainable despite S. 76(2) bar where FIR discloses no offence under the provision), Court enlarged petitioner on anticipatory bail on bond of Rs. 20,000 with two like sureties, arrest/surrender within six weeks, conditions under S. 482(2) BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9597 of 2025

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Arising Out of PS. Case No.-171 Year-2024 Thana- EXCISE SHERGHATI District- Gaya

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======================================================

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Ashraf Ansari @ Md. Asraf Ansari Son of Md. Jawaid Ansari @ Javed Akhtar Resident of Village- Shyam Nagar Nima, P.S.- Amas, Distt.- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nafisuzzoha For the Opposite Party/s : Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 09-05-2025

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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2. The petitioner is apprehending his arrest in a case in connection with Excise (Sherghati) P.S. Case No. 171 of 2024 dated 04.10.2024 registered for the offences punishable u/ss 30(a) & 32(c) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 100 litres of illicit country-made liquor was recovered from the e-rickshaw.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has been sprung up in this case on mere suspicion.

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Patna High Court CR. MISC. No.9597 of 2025(2) dt.09-05-2025 2/3

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The petitioner is not the driver of the seized vehicle. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused persons have already been granted regular bail by this Court vide order dated 06.02.2025 passed in Cr. Misc. No. 87771 of 2024. Learned counsel has submitted that no case is made out against the petitioner. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 . The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

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6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender

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Patna High Court CR. MISC. No.9597 of 2025(2) dt.09-05-2025 3/3

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within a period of six weeks from today, be enlarged 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 learned Court concerned, Gaya in connection with Excise (Sherghati) P.S. Case No. 171 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

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Ashraf Ansari @ Md. Asraf Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashraf Ansari @ Md. Asraf Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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