Patna High Court
Sikendra Ram @ Sikandar RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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