Patna High Court
Saddamm Husain @ Sadam HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court is inclined to grant bail to the petitioner, subject to cash bond and surety conditions.
Summary
The petitioner, Saddam Hussain, was arrested after a police encounter in which a vehicle carrying illicit liquor was intercepted and the occupants opened fire. The police recovered 549 litres of country-made liquor, a pistol, and a live cartridge, but the petitioner claims none of these items were found in his possession and that the case is malicious. He has been in custody since September 13, 2025 and has one prior criminal antecedent. The petitioner argued that the prosecution failed to comply with Section 103 of the Bharatiya Nyaya Sanhita, 2023, and sought bail, while the State opposed the relief. Considering the circumstances, the court granted bail on a cash bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the petitioner in offences under the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the Bihar Prohibition and Excise Act despite the seriousness of the alleged offences.
- Whether the prosecution complied with Section 103 of the Bharatiya Nyaya Sanhita, 2023, concerning the filing of the charge sheet.
- Whether the petitioner’s alleged lack of possession of the seized contraband and claim of false implication justify bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109(1), 132, 3(5)
Subjects
- bail
- criminal procedure
- arms act
- prohibition act
- false implication
- Section 103
- encounter
- illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77972 of 2025
Arising Out of PS. Case No.-413 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Saddamm Husain @ Sadam Hussain son of Mansur Alam Resident Of Village
- Shivrajpur, Ps- Barhaiya, Dist- siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Kuchaikote P.S. Case No. 413 of 2025 instituted for the offence
under Sections 132, 109(1) & 3(5) of the Bharatiya Nyaya
Sanhita, 2023, Sections 25(1-B)(a), 26, 27 & 35 of the Arms Act
and Sections 30(a) & 41(1) of the Bihar Prohibition and Excise
Act.
3. On secret information, the police intercepted a
Scorpio near Mathiya Hardo carrying illicit liquor, but the
passengers attempted to flee and opened fire on the police.
During the encounter, one person, Saddam Hussain (petitioner),
was injured and apprehended, while two others escaped. From
Patna High Court CR. MISC. No.77972 of 2025(4) dt.13-01-2026
2/3
the vehicle 549 litres of country-made liquor and from the
petitioner one country made pistol and a live cartridge were
recovered.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 13.09.2025. Petitioner
bears one criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case as neither the alleged liquor, country made pistol, nor the
vehicle was recovered from his conscious possession. The case
has been maliciously instituted without any concrete basis to
humiliate the petitioner and damage his reputation. There is no
compliance of Section 103 of the BNSS, 2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and manner of
petitioner’s implication, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
Patna High Court CR. MISC. No.77972 of 2025(4) dt.13-01-2026
3/3
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kuchaikote P.S. Case
No. 413 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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