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Patna High Court

SIKENDAR KUMAR @ GOLU KUMAR @ SIKENDAR @ GOLUversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                          3/3




                        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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