Patna High Court

Saddam @ Sadam AlamversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was not warranted and therefore denied.

Summary

The petitioner, Saddam Alam, sought anticipatory bail fearing arrest in a case alleging possession of 378 litres of liquor recovered from two motorcycles, invoking sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, highlighting the petitioner’s eight prior criminal convictions. The Court examined the allegations and the petitioner’s criminal antecedents and concluded that the circumstances did not merit anticipatory bail. Consequently, the petition for anticipatory bail was rejected, though the Court allowed the petitioner to surrender within six weeks to seek regular bail on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and related provisions of the Bihar Prohibition and Excise Act given the facts and his criminal antecedents?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

anticipatory bail
criminal procedure
liquor seizure
false implication
bail
criminal antecedents
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86648 of 2025
                  Arising Out of PS. Case No.-193 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Saddam @ Sadam Alam Son of Md. Islam @ Islam @ 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.Ujjwal Kumar Singh
                 For the Opposite Party/s :      Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Kundwa Chainpur P.S. Case No. 193 of 2025, instituted

                   for the offences under Section 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a), 32 and 41(1) of the Bihar

                   Prohibition and Excise Act.

                               3. Prosecution case, in short, is that total 378 litres of

                   liquor was recovered from two motorcycles.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submitted that general and

                   omnibus allegation has been made against the petitioner. No

                   incriminating article has been recovered from the conscious
           Patna High Court CR. MISC. No.86648 of 2025(2) dt.15-01-2026
                                                       2/2




                     possession of the petitioner. The petitioner is in no manner

                     connected with the vehicle in question or the alleged recovery of

                     liquor. There is no compliance of Section 103 of the Bharatiya

                     Nagarik Suraksha Sanhita, 2023. It has been submitted on

                     behalf of the petitioner that the petitioner has eight criminal

                     antecedents.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. The

                     petitioner has eight criminal antecedents, hence, he does not

                     deserve anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, in my view, this is not a fit case for anticipatory bail,

                     I am not inclined to grant anticipatory bail to the petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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