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Patna High Court

Sadam Alam @ Mir SadamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner's antecedent, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Sadam Alam, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 846 litres of liquor from a public field. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery site does not belong to him. The State opposed the bail, citing the petitioner's antecedent of eight prior cases, seven of which are also under the Excise Act. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 40,000 with two sureties and that the trial court verify his criminal antecedent. The order further stipulated that if the petitioner is found to have more than eight prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed after verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the petitioner's criminal antecedent.
  • Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code justify the grant of provisional anticipatory bail.
  • Whether the absence of possession of the alleged contraband and the public nature of the recovery site affect the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • provisional bail
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83433 of 2025
                   Arising Out of PS. Case No.-207 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Sadam Alam @ Mir Sadam 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
                 For the Opposite Party/s :         Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of eight cases out of which seven cases

                   are under the Excise Act and allegation is of recovery of 846

                   litres of liquor from a field near a canal.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.83433 of 2025(3) dt.19-01-2026
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          based on secret information which is the easiest way to

          implicate someone. It is further 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.

                   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. 207 of 2025, 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 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
              Patna High Court CR. MISC. No.83433 of 2025(3) dt.19-01-2026
                                                          3/3




                        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 case in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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