Patna High Court

Sadam Hussain @ Saddam MiyanversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court ordered that the petitioner be released on bail upon arrest or surrender, subject to bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Sadam Hussain, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the seizure of 31.17 litres of illicit foreign liquor. The prosecution’s case relied mainly on the statement of a local chowkidar, with no material recovered from the petitioner’s possession. The petitioner argued that he was falsely implicated and that the chowkidar’s statement was unreliable, also noting his pending criminal antecedent on bail. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the limited evidence and the petitioner’s cooperation, ordered that if arrested or surrendered within six weeks, the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the chowkidar’s disclosure statement alone constitutes sufficient material to justify denial of bail.
Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
illicit liquor
Section 30(a)
Section 482(2)
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26225 of 2026
                   Arising Out of PS. Case No.-113 Year-2026 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Sadam Hussain @ Saddam Miyan S/o Sobarati Miyan, Resident of Vill-
                 Asharam Patkhauli, Ward No-15, P.S.-Bairiya, Dist- West Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sitesh Kashyap, Advocate.
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bairiya P.S. Case No.113 of 2026 instituted under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of

                   31.17 liters of illicit foreign liquor from three cartoons and the

                   bag. It is alleged that the petitioner fled away from the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case only on the basis of disclosure statement of local

                   chowkidar who has inimical term with the petitioner. He further

                   submits that except the disclosure statement of the local

                   chowkidar, there is no material against the petitioner. Learned
              Patna High Court CR. MISC. No.26225 of 2026(2) dt.22-04-2026
                                                          2/2




                        counsel submits that no incriminating article has been recovered

                        from the conscious possession of petitioner and he has no

                        concern with the alleged seized liquor. He further submits that

                        petitioner has one criminal antecedent, in which he is on bail

                        and he undertakes to cooperate in the investigation and trial of

                        the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner, in the event of

                        arrest or surrender before the Court below within six weeks

                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount to each to the satisfaction of the

                        learned Special Judge (Excise) 1st, Bettiah, West Champaran/

                        concerned Court in connection with Bairiya P.S. Case No.113 of

                        2026, subject to the conditions laid down in Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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