Patna High Court
Ali HasanversusThe 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 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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNS — s. 115(2), 126(2), 132, 262, 303(2), 3(5)
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
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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
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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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