Patna High Court
Sikandar Sarang @ Sikandar SarangiwaleversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioners with a bond of Rs 10,000, two sureties, and a condition to attend Dharwad Police Station on specified days.
Summary
The petitioners, Sikandar Sarang and Md Sadik, who are a driver and a cleaner of a truck, were arrested in connection with a seizure of 5,990.760 litres of liquor under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Amendment Act, 2022. They have been in custody since 10 January 2026 and claim they were falsely implicated, asserting that no liquor was found in their possession and they had no knowledge of the recovery. The court examined the bail application, noting the petitioners’ lack of direct involvement and the absence of any material seized from them. Considering these facts, the court allowed the bail application, directing the petitioners to furnish a bail bond of Rs 10,000 with two sureties of the same amount and to report to Dharwad Police Station on the first and third Sundays of each month. The order is limited to bail and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused drivers/cleaners under the Bihar Prohibition and Excise Amendment Act, 2022 despite the large quantity of liquor seized.
- Whether the conditions imposed (bond, sureties, periodic police station attendance) are appropriate for the bail of the accused.
Subjects
- bail
- Bihar Prohibition and Excise Amendment Act
- non‑bailable offence
- driver
- cleaner
- attendance condition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11218 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- GORAUL District- Vaishali
======================================================
1. Sikandar Sarang @ Sikandar Sarangiwale S/O Md. Pira Resident of Village
At House No. 03, Sagam Colony, Anand Nagar Road, P.S.- Old Hubli,
District- Dharwad (Karnataka)
2. Md. Sadik S/O Abdul Rajak R/O Vill.- Mantur Road, P.S.- Elapur Gali Sahar
Hubli, Dist.- Dharwad, Karnataka.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratima Kumari
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Goraul P.S. Case No. 23 of 2026 registered for the offence under
Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
5990.760 liters.
4. The petitioners are in custody since 10.01.2026.
5. Learned counsel for the petitioners has submitted
that the petitioners are innocent and they have falsely been
implicated in this case. She further submits that the petitioners
Patna High Court CR. MISC. No.11218 of 2026(5) dt.08-04-2026
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have been named in this case on the ground of suspicion and
nothing has been recovered from the possession of the
petitioners as they are driver and cleaner of the truck from
which the recovery has been made and they have no knowledge
about the alleged recovery.
6. Considering the facts of the case, this application
is allowed.
7. Let the petitioners, above named, 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 concerned Court below in connection with Goraul
P.S. Case No. 23 of 2026.
8. As a condition of this order, during the pendency
of the trial, the petitioners, are directed to mark their attendance
at Dharwad Police Station, Karnataka on first and third Sunday
of each month. Any default in appearance at the police station
will result in cancellation of bail bonds of the petitioners.
9. Let a copy of this order be communicated to the
Superintendent of Police, Dharwad District, Karnataka through
FAX for its compliance.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
Patna High Court CR. MISC. No.11218 of 2026(5) dt.08-04-2026
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application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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