Patna High Court
Md. Suleman AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his antecedents under Section 438(2) CrPC.
Summary
The petitioner, Md. Suleman Ansari, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 39 litres of liquor from his motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that ownership of the vehicle alone should not create liability. The State opposed the bail, contending that the seizure implicated the petitioner. The Court considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) CrPC. The order also mandated verification of the petitioner’s criminal antecedent by the trial court, with the provisional bail to be confirmed only if the antecedent check is clean. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to have committed an offence under Section 30(a) of the Excise Act.
- Whether mere ownership of a vehicle from which liquor was recovered can constitute sufficient ground to deny anticipatory bail.
- What conditions must be imposed on the grant of anticipatory bail in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- seizure of liquor
- motor vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28031 of 2026
Arising Out of PS. Case No.-289 Year-2022 Thana- KOILWAR District- Bhojpur
======================================================
Md. Suleman Ansari S/O Md. Abbas Ansari Resident of Vill.- Khesarahiyan,
P.S- Giddha District - Bhojpur at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rohit Kumar Sharma
For the Opposite Party/s : Mr.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 39 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested 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
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.28031 of 2026(2) dt.28-04-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Guddu would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot along with Hari
Mohan Singh.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Koilwar P. S. Case No.289 of 2022, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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
Patna High Court CR. MISC. No.28031 of 2026(2) dt.28-04-2026
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on 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)
vikash/-
U T
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