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Patna High Court

Sabir AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

Sabir Ansari sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of six litres of liquor from a public bush. He argued that the liquor was not in his possession, the location did not belong to him, and the complaint was filed by a hostile chowkidar, suggesting a mechanically driven investigation. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order further stipulated that the trial court verify the petitioner’s criminal antecedents and that the bail would be confirmed only if he has no more than two prior cases; otherwise, the bail would be withdrawn.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s alleged lack of possession and the nature of the complaint justify the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for confirming or withdrawing the bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Section 482
  • bail conditions
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13277 of 2026
                        Arising Out of PS. Case No.-57 Year-2025 Thana- BHANAS District- Rohtas
                 ======================================================
                 Sabir Ansari Son of Ismail Ansari Resident of Village- Chiharauan, P.S.-
                 Bhanas, District- Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 6 liters of

                   liquor from a bush.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.13277 of 2026(2) dt.10-03-2026
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          at the instance of Chowkidar with whom he is on an inimical

          term. It is also submitted that once an accused is implicated in a

          case    relating     to    excise,      the   police   starts   implicating

          mechanically either at the instance of Chowkidar, local person,

          confessional statement or secret information without holding a

          proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Bhanas

          P.S. Case No. 57 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.13277 of 2026(2) dt.10-03-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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