Patna High Court
SIKENDAR KUMAR @ GOLU KUMAR @ SIKENDAR @ GOLUversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent record.
Summary
The petitioner, Sikendar Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Sections 30(a) and 41 of the Bihar Excise Act, alleging that 70 litres of liquor were recovered from a public place and not from his possession. He has two prior cases under the Excise Act, and the prosecution’s case rests on the testimony of a chowkidar who implicated him. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.10,000 with two sureties and deposit Rs.2,500 with the Advocates’ Association, subject to verification of his criminal antecedent. If the verification reveals more than two prior cases, the bail will not be confirmed; if only two cases are found, the provisional bail will be confirmed. The order is made under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Criminal Procedure Code in view of the alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of two cases under the Excise Act affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- anticipatory bail
- Section 482
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Excise Act
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5216 of 2026
Arising Out of PS. Case No.-466 Year-2025 Thana- BANJARIA District- East Champaran
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SIKENDAR KUMAR @ GOLU KUMAR @ SIKENDAR @ GOLU S/o
Umesh Sahani @ Umesh Sahni R/o vill - Sapahi Birtiya, ward no. 4, P.S.-
Raghunathpur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274 and
275 of BNS and Sections 30(a) and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 70 litres of liquor from a sack near a
bridge.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.5216 of 2026(2) dt.02-02-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is also submitted that earlier also in
similar manner petitioner came to be implicated.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) 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
Banjariya P.S. Case No. 466 of 2025, subject to the conditions
as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.5216 of 2026(2) dt.02-02-2026
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than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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