Patna High Court
Sikandar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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