Anwar Abbasi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Anwar Abbasi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner appear on every trial date (with liberty to the Trial Court to cancel bail bonds on default on two consecutive dates).

Issue for consideration

Whether the petitioner, arraigned in Excise Case No. 1748 of 2025 (arising out of Prohibition and Excise P.S. Bikramganj Case No. 283 of 2025) for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail.

Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Excise Case No. 1748 of 2025 arising out of Prohibition and Excise P.S. Bikramganj Case No. 283 of 2025.

Key takeaways

Bail is subject to conditions: (I) one of the bailors shall be an own/close member of the family of the petitioner; (II) the petitioner shall appear on each and every date fixed at the trial, and in case of default in appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds.ratio¶23

Detailed headnote1 paragraphs

BAIL GRANTED - Patna High Court (Rudra Prakash Mishra, J., order dt. 20-01-2026 in CR. MISC. No.2787 of 2026) allowed bail to Anwar Abbasi, stated by defence to be the driver (not owner) of a pickup vehicle from which 179.75 litres of liquor was allegedly recovered, in Excise Case No. 1748 of 2025 arising out of Prohibition and Excise P.S. Bikramganj Case No. 283 of 2025 for offences under Section 30(a) of the Bihar Prohibition and Excise Act. Petitioner was in custody since 22.11.2025 with two criminal antecedents; defence had urged non-compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the facts, circumstances and period of custody, the Court released the petitioner on bail bonds of Rs. 15,000/- with two like sureties, one bailor to be an own/close family member, and subject to appearance on every trial date, with liberty to the Trial Court to cancel the bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2787 of 2026

Arising Out of PS. Case No.-283 Year-2025 Thana- Bikramganj Excise District- Rohtas

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

Anwar Abbasi Son of Kitabu Miyan Resident of Village- Jamrodh, P.S.Dinara, District- Rohtas at Sasaram

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Ms. Asha Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 20-01-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case No. 1748 of 2025 arising out of Prohibition and Excise P.S. Bikramganj Case No. 283 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 179.75 litres of liquor was recovered from pickup vehicle.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.2787 of 2026(2) dt.20-01-2026 2/3

that petitioner is not the owner of the vehicle. It is further submitted that petitioner is the driver of the vehicle in question but he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 22.11.2025 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Case No. 1748 of 2025 arising out of Prohibition and Excise P.S. Bikramganj Case No. 283 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.2787 of 2026(2) dt.20-01-2026 3/3

consecutive dates, the Trial Court will have liberty to cancel the

bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Alok Verma/-

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