Patna High Court
Gulzar Ansari @ GulzanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent not exceeding six prior cases.
Summary
The petitioner, Gulzar Ansari, sought anticipatory bail fearing arrest in a case under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, where 288 litres of liquor were allegedly recovered from a vehicle not owned by him. He argued that the police had no direct evidence, relying only on a confessional statement of another accused in custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if the petitioner is found to have more than six prior cases, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged excise offences and a confessional statement as the sole basis of accusation
- Whether the confessional statement of an accused in police custody has evidentiary value for granting bail
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
Subjects
- anticipatory bail
- confessional statement
- excise law
- bail conditions
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58714 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
Gulzar Ansari @ Gulzan S/o Aman Ansari R/o Village- Bhavdepur, Ward No.
1, P.S.- Riga, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 Section 317(5) of
BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of six cases and allegation is of
recovery of 288 litres of liquor from a car.
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 is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of apprehended-accused in police
custody which does not have any evidentiary value. It is further
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submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
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.
30,000/- (Rupees Thirty Thousand) 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 Sahiyara
P.S. Case No. 107 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 in the
event if it is found that petitioner has antecedent of more than six
cases 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 has
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antecedent of six cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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