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Patna High Court

Saddam Miyan @ Md. Saddam @ Md. Saddam MiyanversusThe 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.

Summary

The petitioner, Saddam Miyan, sought anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 225 litres of liquor from an auto. He argued that he had a clean antecedent, was not arrested at the spot, and the allegation was based solely on a confessional statement made by another individual in police custody, which he claimed lacked evidentiary value. The State opposed the bail application. The Court, after considering the submissions, 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 criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the accusation is based on a confessional statement of another person and no arrest has been made.
  • Whether the petitioner’s clean antecedent and lack of possession of the seized vehicle justify the grant of anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87810 of 2025
                    Arising Out of PS. Case No.-200 Year-2024 Thana- GWALPARA District- Madhepura
                 ======================================================
                 Saddam Miyan @ Md. Saddam @ Md. Saddam Miyan S/O Md. Allauddin
                 R/O Vill- Tiri, Ward no.3, P.S.- Sour Bazar, Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumar Vishoka Nand
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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

                   Section 30(a) 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 225 litres of liquor from an auto.

                                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 auto. It is next submitted that he came to be

                   implicated based on confessional statement of Raj Kumar Sada

                   in police custody, which does not have any evidentiary value. It
Patna High Court CR. MISC. No.87810 of 2025(2) dt.05-01-2026
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          is reiterated and submitted that petitioner is a person with clean

          antecedent.

                       5. Learned A.P.P. Sri Chandra Bhushan Prasad

          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

          Gwalpara (Arar) P. S. Case No.200 of 2024, 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
               Patna High Court CR. MISC. No.87810 of 2025(2) dt.05-01-2026
                                                           3/3




                         not be confirmed, but if on verification, it is found that

                         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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