Patna High Court
Abdul Bari AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions, under Section 482 of the BNSS, 2023.
Summary
The petitioner, Abdul Bari Ansari, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case concerning alleged illegal possession of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed that a clerical error had misstated the quantity of liquor recovered (164.400 litres recorded as 1644 litres) and sought correction of the record. The State opposed bail but noted the petitioner’s clean criminal antecedent. The Court allowed the correction of the quantity and, considering the facts, granted anticipatory bail subject to a Rs.30,000 bail bond and conditions under Section 482(2) of the BNSS, 2023, including verification of the petitioner’s antecedents by the trial court. The bail order stipulated that any concealment of antecedents would lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present case.
- Whether the clerical error in the recorded quantity of liquor affects the merits of the bail application.
- Whether the petitioner’s clean criminal antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Bihar Prohibition and Excise Act
- foreign liquor
- criminal antecedent
- quantity error
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41479 of 2026
Arising Out of PS. Case No.-224 Year-2026 Thana- MANJHI District- Saran
======================================================
Abdul Bari Ansari Son of Subhan Gani Ansari @ Subhan Gavi Ansari @
Subhan Miya Resident of Village- Matiyar, P.S.- Manjhi, District- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Manjhi P.S. Case No. 224 of 2026, lodged on
27.04.2026, under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned Counsel for the petitioner submits that due
to inadvertent mistake recovery of 164.400 litres has been
inadvertently typed as 1644 litres. He seeks permission to
correct the the same.
Patna High Court CR. MISC. No.41479 of 2026(2) dt.01-07-2026
2/3
4. Learned Counsel for the petitioner is permitted to
correct the same during course of the day.
5. As per the prosecution, total recovery of 164.400
litres of foreign liquor has been made which is the subject
matter of the present case.
6. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that antecedent of the
petitioner is clean.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of learned 2nd Exclusive Special Excise Judge, Saran
at Chapra, in connection with Manjhi P.S. Case No. 224 of
2026, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023.
8. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
Patna High Court CR. MISC. No.41479 of 2026(2) dt.01-07-2026
3/3
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./Rakesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.