Patna High Court
Md. Ziauddin AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to bond, sureties, and verification of antecedents, as the petitioner’s alleged involvement is tenuous and he has a clean record.
Summary
The petitioner, Md. Ziauddin Ansari, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly transporting 201 litres of liquor in his vehicle. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and he was unaware that a co‑owner, Ashutosh, misused the vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a Rs.500 bond, two sureties, and verification of the petitioner’s antecedents by the trial court. If any prior case is discovered, the bail will be presumed concealed and the order will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the Bihar Negotiable Securities Act (B.N.S.S.).
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances described
- Whether the ownership of the vehicle implicates the petitioner in the alleged excise offence
- Whether Section 482(2) of the B.N.S.S. empowers the court to grant provisional anticipatory bail pending verification of antecedents
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90301 of 2025
Arising Out of PS. Case No.-901 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Md. Ziauddin Ansari S/O Md. Salauddin Ansari R/O 143 Ena Colony
Upedhaura, P.S- Jharia, Vishunganj, District- Dhanbad, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 Sections 30(a) and
32(3) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 201 litres of liquor from a car. It is next submitted
that 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 the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.90301 of 2025(2) dt.08-01-2026
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It is also submitted that the petitioner was completely unaware
that Ashutosh would misuse his vehicle in the manner as alleged
who was also apprehended from the spot along with Bikku.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
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 Excise
P.S. Case No.901/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.90301 of 2025(2) dt.08-01-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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