Saddam Husain @ Saddam Hussain vs The State Of Bihar on 6 August, 2025

Patna High Court – Orders

Saddam Husain @ Saddam Hussain vs The State Of Bihar on 6 August, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.48411 of 2025
                          Arising Out of PS. Case No.-89 Year-2023 Thana- JOKIHAT District- Araria
                 ======================================================
                 Saddam Husain @ Saddam Hussain Son of Moeenuddin R/o village -
                 Dalmalpur, Ward No.- 05, P.S.- Amour, District - Purnea, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :         Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-08-2025

Heard Mr. Madhav Jha, learned counsel for the

petitioner and Mr. Anuj Kumar Shrivastava, learned Additional

Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in

connection with Jokihat (Mhalgaon) P.S. Case No. 89 of 2023,

F.I.R dated 01.03.2023 registered for the offences punishable

under Section 30(a) and 37(c) of Bihar Prohibition and Excise

Act.

3. Recovery is of 5 liters of country made Chulai

liquor.

4. Learned counsel for the petitioner submits that

the petitioner has clean antecedent and has falsely been

implicated in the present case. He further submits that the

allegation as alleged in the F.I.R is false and fabricated. He
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further submits that it appears from the F.I.R that nothing has

been recovered from the conscious possession of the petitioner

rather the recovery has been made from the motorcycle bearing

registration no.BR11Z0115 and the petitioner has been made

accused merely on the basis that he is the owner of the

motorcycle in question. Infact the petitioner sold the motorcyle

to one Misroz on 10.06.2017. There is non-compliance with

mandatory procedure prescribed for recovery under Section 100

of Cr.P.C / Section 103 of Bhartiya Nagarik Suraksha Sanhita.

No case, whatsoever, would be made out against the petitioner

under the Bihar Prohibition and Excise Act.

5. The learned Additional Public Prosecutor has

vehemently opposed the prayer for anticipatory bail of the

petitioner referring the provision contained in Section 76(2) of

the Bihar Prohibition and Excise Act and submitted that the pre-

arrest bail would not be maintainable.

6. This court is aware of the decision of the Full Bench in the

case of Ram Vinay Yadav vs. State of Bihar reported in

2019(2) P.L.J.R. 1089. Having regard to the law laid down in

the aforesaid judgment and the submission advanced on behalf

of the parties, this Court, for the limited purpose of grant of

anticipatory bail, is inclined to accept the submission of counsel
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for the petitioner.

7. Considering the aforesaid facts, nothing has been

recovered from conscious possession of the petitioner and the

petitioner has clean antecedent and the petitioner has been made

accused merely on the basis that he is the owner of the

motorcycle in question, let the petitioner, above named, in the

event of his arrest or surrender before the court below within a

period of thirty days from the date of receipt of the order, be

released on bail on furnishing bail bond of Rs. 10,000/- (Ten

Thousand) with two sureties of the like amount each to the

satisfaction of the learned District and Additional Sessions

Judge-cum-Exclusive Special Excise Judge, Danapur in

connection with Jokihat (Mhalgaon) P.S. Case No. 89 of 2023,

subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure / Section 482(2) of the Bhartiya

Nagarik Suraksha Sanhita and with other following conditions:-

i. Before furnishing bail bond, the learned court

below shall verify the genuineness that the petitioner has sold the

motorcycle bearing registration no.BR11Z0115 to Misroz, son of

Kadar, residing at village-Balua Kursail, Ward No.19, P.S.-

Mahalgaon, District-Araria on 10.06.2017.

ii. Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the
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court and shall remain physically present as directed by the

court and on his absence on two consecutive dates without

sufficient reason, his bail bond shall be cancelled by the Court

below.

iii. If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

iv. And further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at

any stage it is found that the petitioner has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Suruchi/-

U      T