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Patna High Court

Sikandar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Sikandar Kumar, a driver of an e‑rickshaw, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 45 litres of country‑made liquor were recovered from his vehicle. He contended that he had no knowledge of the liquor, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, while the petitioner’s counsel argued that the requirements of Section 103 of the BNSS, 2023, had not been complied with. Considering the circumstances, the court found no reason to keep him detained and ordered his release on bail. He was required to furnish a bail bond of Rs.15,000 with two sureties, one of whom must be a close family member, and to appear at every trial date, with bail liable to cancellation upon default on two consecutive appearances.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • BNSS 2023
  • Section 103
  • criminal procedure
  • liquor seizure
  • e‑rickshaw

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1393 of 2026
                        Arising Out of PS. Case No.-93 Year-2025 Thana- KIUL District- Lakhisarai
                 ======================================================
                 Sikandar Kumar S/o- Ram Lakhan Modi R/v- Basmatiya Po- Sahur Ps- Kiul
                 Dist- Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rabi Bhushan, Adv.
                 For the Opposite Party/s :        Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Kiul PS Case

                   No. 93 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 45 liters of country

                   made liquor was recovered from the e-rickshaw.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is the driver of the

                   vehicle in question and he has no knowledge regarding the nature
           Patna High Court CR. MISC. No.1393 of 2026(2) dt.19-01-2026
                                                       2/2




                     of goods kept in the vehicle. The petitioner is in custody since

                     19.11.2025 and has got no criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Kiul PS Case No. 93 of 2025, subject to

                     the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date fixed

                     at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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