Patna High Court
Sadam Alam @ Mir SaddamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sadam Alam, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 189 litres of liquor from a location not owned by him. He has eight prior criminal cases, seven of which are under the Excise Act, and contends that no liquor was found in his possession and that the accusation is based on secret information. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s antecedents. The High Court considered that the petitioner had not been arrested, no material was seized from his possession, and that anticipatory bail could be granted under Section 482(2) of the B.N.S.S. with conditions. The Court directed the petitioner to furnish a bail bond of Rs.40,000 with two sureties and ordered verification of his criminal antecedents, stating that if more than eight cases are found, the bail may be revoked. The application for anticipatory bail was allowed subject to these conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. despite his criminal antecedents
- Whether the allegations based on secret information and lack of possession justify denial of bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.488 of 2026
Arising Out of PS. Case No.-499 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Sadam Alam @ Mir Saddam S/o Mir Islam Resident of village - Bakhari
Khajuri, P.S - 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. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of eight cases, out of which seven
cases are under the Excise Act, and allegation is of recovery of
189 litres of liquor from the place of occurrence. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner and is accessible to villagers at large and the
petitioner came to be implicated based on secret information,
Patna High Court CR. MISC. No.488 of 2026(3) dt.18-02-2026
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which is the easiest way to implicate someone. It is also
submitted that petitioner is not the owner of the seized vehicle.
It is next submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.40,000/- (Rupees Forty Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Judge, Excise Court No.02, East Champaran at Motihari
in connection with Excise P.S. Case No.499 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
Patna High Court CR. MISC. No.488 of 2026(3) dt.18-02-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than eight cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only eight cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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