Patna High Court
Md. Saddam HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie possession of the seized liquor.
Summary
The petitioner, Md. Saddam Hussain, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, with 2,988 litres of liquor seized from a truck. The petitioner contended that the liquor was not in his conscious possession and that the seizure list relied solely on police testimony, not independent witnesses, and he has a clean antecedent. The State opposed his application for anticipatory bail. The court observed that the recovery of liquor did not prima facie establish the petitioner's physical possession and, considering his clean record, directed that he be released on bail upon surrendering to the Special Judge within four weeks, subject to a bail bond and sureties. The bail was granted under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged seizure of illicit liquor.
- Whether the seizure of liquor establishes the petitioner's possession sufficient to deny bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- excise law
- clean antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41176 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Md. Saddam Hussain, S/o Md. Kabir Resident of Village- Pirari, Police
Station- Fekala, District- Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sadar P.S. Case
No.271 of 2025 registered under Section 30(a) of the Bihar
Prohibition and Excise Act, 2022(amended).
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 2988 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the seized liquor was recovered from a truck
bearing Registration No. PH-10DM-8133. It is submitted that
nothing has been recovered from the conscious possession of
the petitioner. It is further submitted that the seizure list
Patna High Court CR. MISC. No.41176 of 2026(2) dt.25-06-2026
2/2
appears doubtful being not supported by independent
witnesses rather by police personnel. The petitioner claimed
clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this petitioner,
accordingly, the petitioner, above-named, who is a man of
clean antecedent, in the event of his arrest or surrender in the
court below within a period of four weeks from today, is
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge-I, (Excise Act), Darbhanga in connection with Sadar P.S.
Case No.271 of 2025, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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