Patna High Court

CR. MISC./49638/2026 of Asif Ansari @ Asip Ansari Vs The State of Bihar on 22 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49638 of 2026 Arising Out of PS. Case No.-501 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== Asif Ansari @ Asip Ansari Son of Md. Jamaluddin Ansari @ Md. Jamal Resident of Village-

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49638 of 2026

Arising Out of PS. Case No.-501 Year-2026 Thana- Excise P.S. District- Kishanganj ======================================================

Asif Ansari @ Asip Ansari Son of Md. Jamaluddin Ansari @ Md. Jamal Resident of Village- Saudagar Patti, P.S.- Kishanganj, District- Kishanganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Rajeev Ranjan, Advocate

For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

22-07-2026

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 the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 12 litres of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner 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, Patna High Court CR. MISC. No.49638 of 2026(2) dt.22-07-2026

would get implicated. It is also submitted that petitioner was completely unaware that his friend, namely, Arihant Kumar would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

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 appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender 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 Kishanganj Madya Nisedh P.S. Case No. 501 of 2026 giving rise to Special Case No. 508 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail Patna High Court CR. MISC. No.49638 of 2026(2) dt.22-07-2026

application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

Kundan/- (Satyavrat Verma, J) U T

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