Md. Mainuddin Ansari @ Mainuddin Ansari vs. The State Of Bihar

Facts

The petitioners, Md. Mainuddin Ansari and Kundan Basphor, are seeking bail in connection with Baisi P.S. Case No. 274 of 2021. The prosecution alleges that 837 liters of Indian-made foreign liquor were recovered from a vehicle, and the petitioners were the driver and cleaner of that vehicle. The petitioners claim innocence, stating they are merely employees with no knowledge of the consignment. They have been in custody since September 20, 2021, and have no prior criminal record. The charge sheet has been filed in the case. The court initially directed the petitioners to provide details about the consignor, consignee, E-way bills, and GST, but later deemed this unnecessary for the bail application.

Held

The Court granted bail to the petitioners. The primary reasoning for granting bail was based on the fact that the charge sheet had been submitted in the case and the petitioners had been in custody since September 20, 2021. Their clean antecedent was also a significant factor. The Court found these circumstances sufficient to release them on bail, subject to furnishing bail bonds and sureties. The initial insistence on detailed information regarding consignor, consignee, E-way bills, and GST was deemed unnecessary for the disposal of the bail application. The Court did not delve into the merits of the alleged offences beyond considering the stage of the proceedings and the period of custody. The operative direction was to release the petitioners on bail.

Key Issues

1. Whether the petitioners, as driver and cleaner of the vehicle, can be held liable for the alleged offences under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41, and 47 of the Bihar Prohibition and Excise Act, 2016, despite their claims of innocence and lack of knowledge about the consignment? (Mixed question of law and fact). Petitioner's Argument: The petitioners argued that they are innocent and falsely implicated based on mere suspicion. They contend that as mere driver and cleaner, they had no connection with the goods loaded onto their vehicle. They also highlighted that the charge sheet has been submitted and they have been in custody since September 20, 2021, with clean antecedents. Revenue's Argument: The learned Additional Public Prosecutor (APP) for the State opposed the prayer for bail.