Patna High Court

Sikindar Sahani @ Sikandra SahaniversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ALOK KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Sikindar Sahani, applied for anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 35 litres of country‑made liquor were recovered from an open area (a ‘Chaur’) and not from the petitioner's possession. The petitioner disclosed four prior criminal cases, all of which were on bail. The State opposed the bail, arguing possible foul play. The Court noted that the recovery was not from the petitioner's conscious possession and, despite the antecedents, found no sufficient ground to deny anticipatory bail. Consequently, the Court ordered that, if arrested within six weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted when the alleged contraband was recovered from an open place and not from the petitioner's physical possession.
Whether the petitioner's prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition and Excise Act
Criminal Procedure Code
Bhartiya Nagarik Suraksha Sanhita
bail conditions
prior criminal antecedents
open place recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10945 of 2026
                   Arising Out of PS. Case No.-432 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Sikindar Sahani @ Sikandra Sahani S/o- Ram Sevak Sahani Vill- Bheriyari
                 PS- Sugauli District- East Champaran
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar, Adv.
                 For the Opposite Party/s :       Mr.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in a case registered for the offences punishable under Sections

                   30(a) of Bihar Prohibition and Excise Act in connection with

                   Sugauli P.S. Case No.432 of 2025.

                                3. The learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases and allegation is of

                   recovery of 35 liters countrymade liquor from ‘Bhatti’ at

                   Mujawana. Further, submits that no recovery has been made

                   form the conscious physical possession of the petitioner, rather

                   recovery is made from a ‘Chaur’ which is an open place.

                                4. The learned APP for the State opposes the

                   anticipatory bail application.

                                5. Considering the fact that no recovery has been
          Patna High Court CR. MISC. No.10945 of 2026(2) dt.17-02-2026
                                                      2/2




                    made form the conscious physical possession of the petitioner

                    and in fact the recovery is said to have been made from a

                    ‘Chaur’ which is an open place, foul play cannot be ruled out

                    and in four criminal antecedents the petitioner claims to be on

                    bail, this Court is inclined to grant anticipatory bail to the

                    petitioner.

                                  6. Accordingly, 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 bail

                    on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees

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

                    satisfaction of the learned Special Judge, Excise Court No.I,

                    East Champaran, Motihari in connection with Sugauli P.S. Case

                    No.432 of 2025, subject to the conditions laid down under

                    Section 438(2) of the Cr.P.C./Section 482(2) of the Bhartiya

                    Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

Continue reading with your account

Checking your session…