Saddam Miyan @ Md. Saddam @ Md. Saddam Miyan v. The State Of Bihar
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 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 2/3 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