Patna High Court
Hasan Nadaf @ Md. Hasan NawazversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Hasan Nadaf, was implicated in a case under Section 317(5) of the Bihar Narcotic and Smuggling Act, 2023 read with Section 30(a) of the Bihar Excise Act for allegedly possessing 99 litres of liquor recovered from a motorcycle he owned. He contended that he had a clean antecedent, was not apprehended at the spot, and had no conscious possession of the liquor, asserting that the vehicle was misused by another individual, Vimlesh. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed verification of the petitioner’s criminal antecedent before confirming the bail. If any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle from which liquor was recovered.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.
- Whether the conditions imposed under Section 482(2) are appropriate for confirming or revoking the provisional bail.
Subjects
- anticipatory bail
- vehicle ownership
- possession
- excise law
- criminal antecedent
- bail conditions
- Section 317
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27115 of 2026
Arising Out of PS. Case No.-378 Year-2024 Thana- PARIHAR District- Sitamarhi
======================================================
Hasan Nadaf @ Md. Hasan Nawaz S/O Md. Sahebjan Resident Of Village-
Gopalpur, Mahratha, P.s.- Kanti, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 317(5) of
the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 99 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.27115 of 2026(2) dt.23-04-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Vimlesh would misuse the vehicle in the manner as alleged who
was also apprehended from the spot.
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 before the learned Trial Court
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 Parihar
P.S. Case No. 378 of 2024 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
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.27115 of 2026(2) dt.23-04-2026
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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