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Patna High Court

Sadam Alam @ Mir Sadam @ Md SadamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to specified bail bond, sureties, deposit with the Lawyers’ Association and verification of his criminal antecedent.

Summary

The petitioner, Sadam Alam, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 522 litres of liquor from a premises not belonging to him. He contended that he was not arrested on the spot, that the recovery was based on secret information, and that the police had not conducted a proper investigation. The State opposed the bail, highlighting the petitioner’s antecedent of eight prior excise cases. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs 40,000, two sureties of equal amount, and a condition that the petitioner deposit Rs 10,000 with the Patna High Court Lawyers’ Association. The order further directed that the trial court verify the petitioner’s criminal antecedent; if more than eight cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The Court invoked Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Substance (BNSS) provisions in framing the order. The anticipatory bail was thus conditionally granted pending verification of the petitioner’s antecedent.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC/Section 482(2) BNSS in a case under the Bihar Prohibition and Excise Act, 2016.
  • Whether the absence of arrest on the spot and the alleged recovery from a premises not owned by the petitioner affect the grant of anticipatory bail.
  • Whether the petitioner’s antecedent of eight prior excise cases should preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • secret information
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4389 of 2026
                  Arising Out of PS. Case No.-245 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Sadam Alam @ Mir Sadam @ Md Sadam son of Mir Islam Resident of
                 village- Bakhari Khajuri PS- Dhaka District -East Champaran
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned     counsel     for    the    petitioner    files   a

                   supplementary affidavit which is taken on record.

                                4. Learned counsel for the petitioner submits that

                   petitioner has antecedent of eight cases under the Excise Act and

                   allegation is of recovery of 522 litres of liquor from the house of

                   the accused persons.

                                5. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.4389 of 2026(2) dt.30-01-2026
                                            2/3




          recovery is from a place which does not belong to the petitioner

          and he came to be implicated based on the secret information

          which is the easiest way to implicate someone without holding a

          proper investigation of the case. It is further submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional or secret information

          statement without holding a proper investigation of the case.

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

          anticipatory bail of the petitioner.

                       7. Considering the submissions made by the learned

          counsel for the petitioner, let 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.40,000/- (Rupees Forty Thousand) 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

          Kundwa Chainpur P.S. Case No. 245 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the BNSS.

                       8. It is made clear that thereafter the learned trial
           Patna High Court CR. MISC. No.4389 of 2026(2) dt.30-01-2026
                                                       3/3




                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than eight

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only eight cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  9. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.10,000/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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