Patna High Court
Md. Afroz AnswariversusThe 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 antecedent and compliance with the stipulated bail conditions.
Summary
The petitioner, Md. Afroz Ansari, feared arrest in a case alleging the recovery of 2,615.760 liters of liquor from a Hyva truck and a pickup vehicle, offences charged under Sections 318(4), 317(5), 61(2) of the Bihar Narcotic/Excise Statutes (BNS) 2023 and Sections 30(a), 32(ii)(iii), 41(i)(ii) of the Bihar Excise Act. He contended that he was merely the owner of the vehicle, had no conscious possession of the liquor, and was unaware that a friend had misused the vehicle. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of his criminal antecedent before confirming the bail. If any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the excise offences alleged.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner under the cited statutes.
- Whether the absence of conscious possession and a clean antecedent justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- provisional bail
- Bihar Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2968 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- Chhaudahi District- Begusarai
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Md. Afroz Answari S/o Md. Sahid Answar Resident of village - Diamond
More Banbahal, P.S - Kalitala Ashuti, District - Bardhhaman, State - West
Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 318(4),
317(5) and 61(2) of the BNS, 2023 read with Sections 30(a),
32(ii)(iii) and 41(i)(ii) 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 2615.760 liters of liquor from a Hyva truck and
from a pick up vehicle.
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
Patna High Court CR. MISC. No.2968 of 2026(2) dt.28-01-2026
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implicated based on the fact that he is owner of the seized Hyva
truck. It is next submitted that no prudent person would use his
own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated
and at the same time shall bring disrepute to his business, it is
also submitted that petitioner was completely unaware that his
friend would misuse the vehicle in the manner as alleged who
also fled 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
Chhaurahi P.S. Case No. 148 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
Patna High Court CR. MISC. No.2968 of 2026(2) dt.28-01-2026
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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 person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Lawyers’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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