Patna High Court
Satyam Kumar @ Md Saddam @ Md Saddam AnsariversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 183, 96
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.