Patna High Court
Md. Samsad AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedent, with confirmation contingent on a clean record.
Summary
The petitioners, Md. Samsad Ansari and Md. Nazeer Ansari, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for the alleged recovery of 564 litres of liquor from five vehicles. They argued that they have clean antecedents, were not arrested on the spot, and that the liquor was not found in their conscious possession; ownership of the vehicles should not implicate them as a prudent person would not use his own vehicle for such an offence. The State opposed the bail, contending that the owners could be held liable. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, with verification of the petitioners' criminal antecedents. It directed that if any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed forthwith.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in the context of alleged possession of liquor in vehicles they own.
- Whether ownership of the vehicles used for the alleged offence suffices to justify denial of bail.
- Whether the petitioners' claim of clean antecedent and lack of conscious possession warrants grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- ownership of vehicle
- clean antecedent
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17041 of 2026
Arising Out of PS. Case No.-556 Year-2025 Thana- GORAUL District- Vaishali
======================================================
1. Md. Samsad Ansari S/O Md. Anwar Ansari R/O Village - Rani Pokhar
Karanpura, P.S - Mahua, District - Vaishali.
2. Md. Nazeer Ansari S/O Md. Daud Ansari R/O Village - Kutubpur Dumari,
P.S - Mahua, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 564 litres of liquor from five different vehicles.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioner no. 1 came to be implicated based on
the fact that he is owner of the seized WagonR and petitioner no.
Patna High Court CR. MISC. No.17041 of 2026(2) dt.16-04-2026
2/3
2 is the owner of the seized Splendor Motorcycle. It is further
submitted that no prudent person would use their own vehicle
for committing an occurrence and, thus, would create evidence
against themselves and, hence, would get implicated. It is next
submitted that petitioners were completely unaware that their
friend would misuse the vehicle in the manner as alleged who
also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their 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) each 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
Goraul (Kathara O.P.) P.S. Case No. 556 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
Patna High Court CR. MISC. No.17041 of 2026(2) dt.16-04-2026
3/3
and if it is found that petitioners have antecedent of even one
case, it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…