Patna High Court

Md. Ansarul Nadaf @ Ansarul NadafversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Md. Ansarul Nadaf, was implicated in a case under Section 414 of the IPC and Section 30(a) of the Bihar Excise Act for alleged recovery of 585 litres of liquor from four motorcycles and a sack. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was merely the owner of one of the seized motorcycles, unaware of its misuse by a friend. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of his criminal antecedent. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under IPC Section 414 and Bihar Excise Act Section 30(a).
Whether the petitioner’s ownership of the vehicle, without possession of the contraband, suffices for granting anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)
Indian Penal Code — s. 414

Subjects

anticipatory bail
IPC 414
Bihar Excise Act
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30427 of 2026
                    Arising Out of PS. Case No.-220 Year-2022 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Md. Ansarul Nadaf @ Ansarul Nadaf S/O Md. Khalil R/o Vill.- Pursaulia,
                 Ward No.02, P.S - Kaluahi, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Alias Ashok Karn
                 For the Opposite Party/s :      Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026               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 414 of IPC

                   and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 585 litres of liquor from four different motorcycles

                   and a sack kept nearby.

                             4.    Learned counsel for the petitioner submits that the

                   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 one of the

                   seized motorcycles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.30427 of 2026(2) dt.04-05-2026
                                            2/3




          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is further 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 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 Jaynagar P.S. Case No. 220 of 2022 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.30427 of 2026(2) dt.04-05-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

Continue reading with your account

Checking your session…