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Patna High Court

Abdul Bari AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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