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Patna High Court

Satyam Kumar @ Md Saddam @ Md Saddam AnsariversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond, sureties and specified conditions.

Summary

The petitioner, Satyam Kumar, was arrested on 5 October 2025 in connection with a missing‑girl case and charged under Sections 137(2) and 96 of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The prosecution alleged that the petitioner was seen with the missing girl and that a breath‑analyzer test showed a blood‑alcohol level of 107.9 mg/100 ml. The petitioner claimed a clean antecedent and argued that the victim’s statement, recorded under Section 183 of the BNSS, identified another co‑accused as the abductor and made no accusation against him. The court noted the lack of direct allegation, the petitioner’s clean record, and the victim’s exonerating statement, and consequently ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Judge, Patna.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the BNSS and the Prohibition Act.
  • Whether the victim’s statement exonerating the petitioner and the petitioner’s clean antecedent justify bail.
  • Whether the positive breath‑analyzer result warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • intoxication
  • missing person
  • false implication
  • clean antecedent
  • breath analyzer
  • Section 137
  • Section 96
  • Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36791 of 2026
                 Arising Out of PS. Case No.-838 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Satyam Kumar @ Md Saddam @ Md Saddam Ansari S/O Md. Aslam Ansari
                 R/O Vill.- Mirza Chauki,Tetriya Gaon, P.S- Mirza Chauki, Dist- Sahebganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Abhinay Raj, Advocate
                 For the Opposite Party/s :     Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                        Heard Mr. Abhinay Raj, learned counsel for the

                   petitioner as well as Mr. Shailendra Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.10.2025 in connection with Ram Krishna Nagar P.S. Case

                   No. 838 of 2025, F.I.R. dated 04.10.2025 for the offences

                   punishable under Section 137(2), 96 of Bharatiya Nyay Sanhita,

                   2023 and Section 30(a) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. According to the prosecution case, the informant

                   alleged that his daughter had gone missing. The informant's

                   nephew, Sonu Kumar, stated that he had seen her with the

                   petitioner. When questioned, the petitioner refused to disclose

                   any information regarding her whereabouts. Subsequently, the
Patna High Court CR. MISC. No.36791 of 2026(2) dt.16-06-2026
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          police subjected the petitioner to a breath analyzer test, which

          showed an alcohol concentration of 107.9 mg/100 ml.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case merely on the basis of suspicion.

          He further submits that the victim girl was recovered and her

          statement was recorded under Section 183 BNSS in which she

          stated that co-accused, Sonu Kumar had abducted her. The

          petitioner is in custody since 05.10.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and further taking into account that the petitioner has clean

          antecedent and that the victim, in her statement recorded under

          Section 183 of the BNSS, did not make any allegation against

          the petitioner, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

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

          the learned Exclusive Special Excise Judge-2nd, Patna in

          connection with Ram Krishna Nagar P.S. Case No. 838 of 2025,

          subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.36791 of 2026(2) dt.16-06-2026
                                                        3/3




                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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