Patna High Court
Saddam Ansari @ Mir SaddamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated bail bond and surety requirements.
Summary
The petitioner, Saddam Ansari, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 189 litres of liquor from a motorcycle, based primarily on a confessional statement made by Dinesh while in police custody. The petitioner argued that he was not caught in possession, was not the owner of the vehicle, and that the confessional statement lacked evidentiary value, especially given his prior eight criminal cases, seven of which were under the excise law. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.40,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedent within six weeks. If the antecedent exceeds eight cases, the bail will not be confirmed; otherwise, it will be confirmed. The petitioner was also directed to deposit Rs.10,000 with the High Court Legal Services Committee.
Issues considered
- What is the appropriateness of granting anticipatory bail when the accusation rests on a confessional statement obtained in police custody and no possession was seized?
- Does the petitioner’s prior criminal antecedent of eight cases, including seven excise cases, preclude the grant of anticipatory bail?
- Whether the conditions imposed under Section 482(2) of the BNSS are sufficient to safeguard the trial process?
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30(a)
- Section 482(2)
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5720 of 2026
Arising Out of PS. Case No.-1761 Year-2024 Thana- Excise P.S. District- East Champaran
======================================================
Saddam Ansari @ Mir Saddam S/o Islam @ Mir Islam @ Md. Islam Resident
of village- Bakhari Khajuri, P.S.- Dhaka, District- East Champaran at
Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases out of which seven cases
are under the excise act and allegation is of recovery of 189
liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.5720 of 2026(2) dt.03-02-2026
2/3
on confessional statement of Dinesh in police custody which
does not have any evidentiary value. It is also 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. It is also
submitted that earlier also petitioner came to be implicated in
similar manner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Excise
P.S. Case No. 1761 of 2024 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.5720 of 2026(2) dt.03-02-2026
3/3
in the event if it is found that petitioner has antecedent of more
than eight cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of eight
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
10,000/- with the High Court legal Services Committee, Patna
within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…