Saddam Hussain @ Md. Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35959 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Saddam Hussain @ Md. Saddam Hussain S/o Mahibul Haque Resident of Village- Kazipura (Chapar), P.S.- Chapar, District- Bhubri (Assam) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Chaudhary, Adv.

Mr.Shashi Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is apprehending arrest in connection with Sadar P.S. Case No. 22 of 2025 registered for the offences punishable under Sections 30(a), 38(1), 41, 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, there is alleged recovery of 1416 liters illicit liquor from the husk kept in the Truck bearing Registration No. AS-01RC-6947. The local chowkidar identified the co-accused Chhote Sahani. Others were not identified. On search, an owner-book was recovered from the cabin of the truck in which the registration no. of the vehicle was mentioned as AS 01RS 6947 and the name of the

Patna High Court CR. MISC. No.35959 of 2025(2) dt.18-06-2025 2/3 owner was mentioned as Saddam Hussain (petitioner).

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. Petitioner is a businessman who runs truck in order to earn his livelihood and he had engaged one Abdul Rezzaque to drive his truck and manage the business of transportation for which he has obtained a Letter of Authority (Annexure-P2) under section 197 and 198 of the Motor Vehicles Act, 1988 and said letter of authority is valid till November, 4, 2025. Learned counsel submits that the driver of the vehicle has misused the vehicle which is not in the knowledge of the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into

Patna High Court CR. MISC. No.35959 of 2025(2) dt.18-06-2025 3/3 consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge I, Excise Act, Darbhanga in connection with Sadar P.S. Case No. 22 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T