Patna High Court

Md. Anwar @ Md. Anwar Ansari @ Anavar AnsariversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs 10,000 with two sureties.

Summary

The petitioner, Md. Anwar, was arrested during a police raid at his residence where a motorcycle was seized. He was charged under Sections 303(2), 317(2), 317(4), 317(5) and 3(5) of the Bihar Narcotic Substances Act. The petitioner claimed innocence, asserting that the bike was purchased from Guddu Ansari and Shashi Kumar, who had given confessional statements supporting his claim, and that the seizure violated Section 105 of the Act. He also highlighted that a similarly situated co‑accused had been granted bail in Cr. Misc. No. 87097 of 2025 and that he had been in judicial custody since 24‑10‑2025. The State opposed bail, but the Court, after considering the arguments and circumstances, ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious offences alleged under the Bihar Narcotic Substances Act.
Whether the seizure of the motorcycle complied with Section 105 of the Bihar Narcotic Substances Act.
Whether the precedent of bail granted to a similarly situated co‑accused is applicable.

Legislation cited

Bihar Narcotic Substances Act — s. 105, 303(2), 317(2), 317(4), 317(5), 3(5)

Subjects

bail
seizure
Section 105
Bihar Narcotic Substances Act
judicial custody
precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8739 of 2026
                        Arising Out of PS. Case No.-184 Year-2025 Thana- BAUNSI District- Araria
                 ======================================================
                 Md. Anwar @ Md. Anwar Ansari @ Anavar Ansari S/o Md. Murtuza Ansari
                 R/o Vill- Basaithi, P.S.- Bausi, Distt- Araria       ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Bausi P.S. Case No.184 of 2025 registered for the offence

                   punishable under Sections 303(2), 317(2), 317(4), 317(5) and 3(5)

                   of B.N.S.

                                3. The case of the prosecution is that on raid being made

                   by police in the house of Md. Anwar, this petitioner was

                   apprehended. One motorcycle was found in the house and upon

                   asking about the motorcycle, the petitioner said that he has bought

                   the same from Guddu Ansari and Shashi Kumar.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has further submitted that Guddu has

                   given his confessional statement that he has purchased the bike

                   from one Shashi and Shashi disclosed that through Guddu he has

                   handed over a bike to the petitioner. Learned counsel for the
            Patna High Court CR. MISC. No.8739 of 2026(2) dt.06-02-2026
                                                        2/2




                      petitioner has submitted that nothing has been recovered from the

                      possession of this petitioner and the witnesses of the seizure list

                      are police personnel. Police has not complied Section 105 of the

                      BNSS while making seizure. Learned counsel for the petitioner

                      has further submitted that similarly situated co-accused has been

                      granted bail by this Court vide Cr. Misc. No. 87097 of 2025.

                      Learned counsel for the petitioner has further submitted that the

                      petitioner is languishing in judicial custody since 24.10.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the application for bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail bond

                      of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                      like amount each to the satisfaction of the learned Judicial

                      Magistrate 1st Class, Araria in connection with Bausi P.S. Case No.

                      184 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T

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