Patna High Court
Saddam Miyan @ Md. Saddam @ Md. Saddam MiyanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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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