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Patna High Court

Ali HasanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Ali Hasan, brother of Nabi Hasan, was implicated in a FIR alleging recovery of 15 litres of cough syrup and assault on police officers during a disturbance at Nabi Hasan's house. He applied for anticipatory bail, asserting a clean criminal record and lack of specific allegations against him. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.500 with two sureties and subject to verification of his antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and could be revoked; otherwise, the bail would be confirmed. The decision hinged on the applicability of anticipatory bail provisions and the need to verify the petitioner's criminal history.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite the FIR allegations.
  • Whether the petitioner’s alleged involvement and alleged clean antecedent justify the grant of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal antecedent
  • provisional bail
  • Bihar Prohibition and Excise Act
  • FIR
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23351 of 2026
                        Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Ali Hasan Son of Late Budhdhu Resident of Village- Bhagwanpur ward No.
                 04, P.S.- Jokihat, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  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 Sections 126(2),

                   115(2), 132, 262, 303(2) and 3(5) of the BNS and Section 30(a)

                   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 15 litres of cough syrup from a place behind the

                   house of Nabi Hasan. It is next submitted that from perusal of

                   the allegation as alleged in the FIR, it would manifest that

                   informant alleges that Nabi Hasan was apprehended and

                   thereafter he started raising an alarm, on account of which,

                   people gathered including the female members of the house of
Patna High Court CR. MISC. No.23351 of 2026(2) dt.17-04-2026
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          Nabi Hasan and they assaulted the police. It is next submitted

          that petitioner being brother of Nabi Hasan came to be

          implicated. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that female members came out of the house to

          save Nabi Hasan but as far as allegation against this petitioner is

          concerned, there is no specific allegation against him. It is also

          submitted that petitioner is a person with clean antecedent.

                       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 Jokihat P.S. Case No.259/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that thereafter 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
             Patna High Court CR. MISC. No.23351 of 2026(2) dt.17-04-2026
                                                         3/3




                       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 with but if after 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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