Md. Nausad Khan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Md. Nausad Khan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release upon arrest or surrender before the learned Trial Court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 482 (2) BNSS conditions; confirmation conditional on the Trial Court's verification of the petitioner's criminal antecedents.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Sheikhpura Excise P.S. Case No. 481 of 2025 registered for offences under Sections 30(a) and 56(b) of the Bihar Excise Act, should be released on anticipatory bail.

Court's answer

In the event of the petitioner's arrest or surrender before the learned Trial Court within six weeks, he is to 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 Sheikhpura Excise P.S. Case No. 481 of 2025 is pending, subject to the conditions laid down under Section 482 (2) of the BNSS.

Ratio / Principle

Thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner; if it is found that the petitioner has antecedent of even one case, it would be presumed that he had concealed his antecedent before this Court for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, after verification, the petitioner is found to be a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶23

Detailed headnote1 paragraphs

Anticipatory bail – provisional anticipatory bail granted – Bihar Excise Act, Ss. 30(a) & 56(b) – petitioner apprehending arrest in Sheikhpura Excise P.S. Case No. 481 of 2025 over alleged recovery of 375 ml of liquor from a Scooty owned by him, he not having been apprehended from the spot – directed to be released on provisional anticipatory bail upon arrest or surrender before the Trial Court within six weeks, on bail bond of Rs. 500/- with two sureties of the like amount each, subject to conditions under S. 482(2) BNSS – Trial Court to verify criminal antecedents; discovery of even one prior case to be presumed concealment before the High Court and the provisional order not to be confirmed; antecedents verified clean, confirmation forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91387 of 2025

Arising Out of PS. Case No.-481 Year-2025 Thana- Excise P.S. District- Sheikhpura

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

Md. Nausad Khan S/o- Md. Murtaja Khan R/v- Rampur Ps- Ariyari DistSheikhpura P/A- Mohalla- Indai Par Ps Dist- Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Dinkar Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-01-2026

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 375 ml of liquor from a Scooty.

Learned counsel for the petitioner submits that petitioner was not apprehended 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 Scooty. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

Patna High Court CR. MISC. No.91387 of 2025(2) dt.12-01-2026 2/3

create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Vikash would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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. 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 Sheikhpura Excise P.S. Case No. 481 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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 even one case 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

Patna High Court CR. MISC. No.91387 of 2025(2) dt.12-01-2026 3/3

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

(Satyavrat Verma, J)

Rishabh/-

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