Patna High Court
Akbar @ Md. Akbar Ali AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Akbar @ Md. Akbar Ali Ansari and another, feared arrest in a case (PS Case No. 59/2026) alleging offences under several sections of the Bharatiya Nagarik Suraksha Sanhita for allegedly supplying fake lottery tickets. They contended that they were falsely implicated, that no lottery tickets were seized from their possession, and that the seizure memo lacked independent witness signatures, raising doubts about its validity. The court noted the absence of physical recovery of tickets, the lack of corroborating witness statements, and the petitioners' clean antecedents. Relying on these facts, the court exercised its power under Section 438(2) of the CrPC and Section 482(2) of the BNS to enlarge bail, subject to a bond of Rs.10,000 with two sureties and conditions of cooperation and verification of antecedents. The bail was granted with the proviso that any concealment of criminal history could lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the petitioners under Section 438(2) CrPC and Section 482(2) BNS given the alleged offences.
- Whether the seizure memo and lack of physical evidence invalidate the prosecution's case.
- Whether the petitioners' clean antecedents justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 111(2), 3, 316(2), 318(4), 338, 4, 61(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- fake lottery tickets
- seizure memo
- criminal antecedents
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21101 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- KISHANGANJ District- Kishanganj
======================================================
Akbar @ Md. Akbar Ali Ansari and another
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Sinha
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 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 Sections 318((4),
316(2), 338, 111(2), 61(2), 3 and 4 of the of BNS in connection
with Kishanganj P.S.Case No. 59/2026.
3. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case for ulterior motives and he is the victim of
circumstances.
4. As per allegation, the petitioners, in concert with
other accused persons, were engaged in supplying fake lottery
tickets with a motive to earn quick buck.
5. Considering the fact that the allegation against the
Patna High Court CR. MISC. No.21101 of 2026(2) dt.08-04-2026
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petitioners is of being the suppliers of lottery tickets, however,
as per the seizure memo, no recovery of lottery tickets has been
done from the conscious physical possession of the petitioners.
Also from a perusal of the search and seizure memo, it appears
that no independent witnesses have signed thereon, which puts
a question mark on the validity of the seizure itself. The
petitioners also are having clean antecedents.
6. In the circumstances, let the petitioners, as named
above, in the event of their arrest or surrender within four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of
the like amount each to the satisfaction learned Chief Judicial
Magistrate Kishanganj in connection with Kishanganj P.S.Case
No. 59 of 2026, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
(i) the petitioners shall co-operate in the investigation/
trial.
(ii) the learned court below would, however, verify
the criminal antecedents of the petitioners and in case it is found
that the petitioners have concealed their criminal antecedents,
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the court below shall take step for cancellation of bail bond of
the petitioners. However, it is expected that the verification
process would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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