Patna High Court
Sadam Alam @ Mir Sadam @ Md SadamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Substance (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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