Patna High Court
SIKENDAR KUMAR @ GOLU KUMAR @ Sikender @ GoluversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to a bail‑bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sikendar Kumar, applied for anticipatory bail in a case registered under Sections 274 and 275 of the B.N.S., 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, alleging that the alleged liquor recovery was not from his possession and that the police investigation was mechanical. The State opposed the bail, citing the petitioner’s prior two excise cases. The High Court examined the lack of direct possession, the procedural deficiencies, and the petitioner’s antecedents, and directed that provisional anticipatory bail be granted on a bail‑bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. The order also required the petitioner to deposit Rs.2,500 with the High Court Legal Services Committee. The application was allowed, with the proviso that if more than two prior cases are found, the bail may be withdrawn.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband was not recovered from the petitioner’s possession.
- Whether the petitioner’s prior two excise cases preclude the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 274, 275
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 274
- section 275
- section 30(a)
- section 41
- section 482(2)
- bail bond
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4846 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- BANJARIA District- East Champaran
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Sikendar Kumar @ Golu Kumar @ Sikender @ Golu Son of Umesh Sahani
@ Umesh Sahni Resident of Village - Sapahi Birtiya Ward No.- 04, P.S.-
Raghunathpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 274 and 275 of
B.N.S., 2023 as well as Sections 30(a) and 41 of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 100 litres of liquor from a bag
allegedly thrown by the petitioner and co-accused near a bridge.
It is next submitted that petitioner was not arrested from the
spot, as such, nothing was recovered from his conscious
possession and even alleged recovery is from a place which
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does not belong to the petitioner but then is accessible to public
at large and he came to be implicated at the instance of
Chowkidar but then it is submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Court of
Special Judge, Excise Court No.1, East Champaran, Motihari in
connection with Banjariya P.S. Case No.464 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
Patna High Court CR. MISC. No.4846 of 2026(2) dt.02-02-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
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 not be confirmed, but if on verification, it is found
that petitioner has antecedent of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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