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2026 DAILYLAW 2378 (PAT)

Sadam Hussain @ Saddam Miyan v. The State of Bihar

CR. MISC./26225/2026 · 2026-04-22

Sunil Dutta Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26225 of 2026 Arising Out of PS. Case No.-113 Year-2026 Thana- BAIRIYA District- West Champaran ====================================================== Sadam Hussain @ Saddam Miyan S/o Sobarati Miyan, Resident of Vill- Asharam Patkhauli, Ward No-15, P.S.-Bairiya, Dist- West Champaran. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sitesh Kashyap, Advocate. For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 22-04-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Bairiya P.S. Case No.113 of 2026 instituted under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, there is recovery of 31.17 liters of illicit foreign liquor from three cartoons and the bag. It is alleged that the petitioner fled away from the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case only on the basis of disclosure statement of local chowkidar who has inimical term with the petitioner. He further submits that except the disclosure statement of the local chowkidar, there is no material against the petitioner. Learned Patna High Court CR. MISC. No.26225 of 2026(2) dt.22-04-2026 2/2 counsel submits that no incriminating article has been recovered from the conscious possession of petitioner and he has no concern with the alleged seized liquor. He further submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation and trial of the case. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge (Excise) 1st, Bettiah, West Champaran/ concerned Court in connection with Bairiya P.S. Case No.113 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Ritik/- (Sunil Dutta Mishra, J) U T