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Patna High Court

Mohammad SaddamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 438(2) CrPC.

Summary

The petitioner, Mohammad Saddam, applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 41(1) of the Excise Act for allegedly recovering 50 litres of spirit from a motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, the seized vehicle is not his, and the only basis for the case is a confessional statement of a third person made in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The High Court, applying Section 438(2) of the Criminal Procedure Code, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents. The court clarified that if any prior case is found, the bail would be cancelled; otherwise, the provisional bail would be confirmed. The application was allowed, granting anticipatory bail subject to the stated conditions.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under Sections 30(a) and 41(1) of the Excise Act.
  • Whether a confessional statement made by a third person in police custody can form a basis for denying anticipatory bail.
  • What conditions must be imposed on provisional anticipatory bail pending verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • bail bonds
  • clean antecedent
  • confessional statement
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.563 of 2026
                 Arising Out of PS. Case No.-266 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Mohammad Saddam Son of Naeem Miya @ Nayeem Miyan Resident of
                 Village- Shanichara Tola Godwa Ward No. 08, P.S.- Muffasil, District- East
                 Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) and 41(1) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 50 litres of spirit from a motorcycle.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Sanjeet in police custody, which does
Patna High Court CR. MISC. No.563 of 2026(2) dt.15-01-2026
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          not have any evidentiary value.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. 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-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) 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

          Raghunathpur P. S. Case No.266 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, 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
               Patna High Court CR. MISC. No.563 of 2026(2) dt.15-01-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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