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Patna High Court

Sikendra Ram @ Sikandar RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with conditions.

Summary

The petitioner, Sikendra Ram, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act after 104 litres of illicit liquor were recovered from the house of a co-accused. The petitioner contended that no liquor was found in his possession and that his inclusion as an accused was based solely on a watchman's disclosure, asserting his innocence. The State opposed bail, highlighting the petitioner’s two prior similar offences. After hearing both sides, the court considered the lack of direct evidence against the petitioner and his custodial period since 5 January 2026. The court granted regular bail on a bond of Rs.10,000 with two sureties, imposing a condition that the petitioner not commit similar offences in the future.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether prior criminal antecedents of similar nature justify denial of bail.

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • criminal antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14598 of 2026
                  Arising Out of PS. Case No.-728 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Sikendra Ram @ Sikandar Ram, S/o Raghu Ram, R/o Village - Ahirgaw, P.S -
                 Harsidhi, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether 104 liters of country made liquor was recovered in

                   front of the house of the co-accused Raju Sahni.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from his possession rather the recovery was made

                   from the house of co-accused Raju Sahni. It has further been

                   submitted that the petitioner has been made accused in this case
             Patna High Court CR. MISC. No.14598 of 2026(2) dt.25-02-2026
                                                         2/2




                       only on the basis of disclosure made by local chaukidar. He has

                       no concern with the alleged recovery. Moreover, he is

                       languishing in judicial custody since 05.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and submitted

                       that petitioner is having criminal antecedent of two cases of

                       similar nature.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Harsidhi P.S. Case No. 728 of 2024 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Exclusive Special Excise

                       Court No.-1, Motihari, East Champaran with a condition that

                       the petitioner will not indulge in similar nature of offences in

                       future.


                                                   (Ashok Kumar Pandey, J)

lata/-
U        T


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