Patna High Court
Afroj Miyan @ Afroj AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Afroj Miyan, was implicated in an FIR alleging that 132.6 litres of liquor were recovered from a straw concealment at Vishunpura village, contravening Section 30(a) of the Bihar Excise Act. He asserted that he has a clean antecedent, was not arrested at the scene, and had no possession of the liquor, which was recovered from a location not belonging to him. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the conditions prescribed under Section 482(2) of the BNSS (or analogous provisions) for granting anticipatory bail are satisfied.
- Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- clean antecedent
- provisional bail
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21510 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Afroj Miyan @ Afroj Ansari S/O Bahram Ansari @ Baharan Miyan Resident
of Village- Bishnupur, P.S- Gopalpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Harshvardhan
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 132.600 litres of liquor concealed under straw at
village Vishunpura.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
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implicated at the instance of Chowkidar with whom he is on an
inimical term. It is next submitted that if Chowkidar was aware
about the involvement of the petitioner in the occurrence, then
why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution, when petitioner admittedly is a person with clean
antecedent.
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 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 Gopalpur P.S. Case No. 331 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 even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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