Patna High Court
Md. Kaish Ansari @ Mohammad Kaish Ansari @ Md. BechanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with bail conditions.
Summary
The petitioner, Md. Kaish Ansari, sought anticipatory bail after being implicated in a case under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 300 ml of liquor found in a motorcycle he owned. He argued that he had no prior criminal record, that the liquor was not in his conscious possession, and that he was unaware of his friend’s misuse of the vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing the trial court to verify the petitioner’s antecedents before confirming the bail. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed forthwith. The order emphasizes the need for verification of criminal antecedents before finalizing anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of liquor in a vehicle he owned.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(i)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14067 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- RS P.S. District- Madhubani
======================================================
Md. Kaish Ansari @ Mohammad Kaish Ansari @ Md. Bechan S/O Md.
Mustaque R/O Village- Jhanjharpur, Ward No. 06, P.S- Jhanjharpur, District-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 offence punishable under Sections 30(a) and
41(i) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 300 ml of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.14067 of 2026(2) dt.12-03-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Jhanjharpur R.S. P.S. Case No.92/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
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on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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