Patna High Court
Sikandar Kumar Chaudhary @ Sikandar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
Sikandar Kumar Chaudhary was arrested in connection with an excise case (Case No.05 of 2026) alleging possession of 25 litres of country‑made liquor and 150 litres of fertilised Mahua seized near a canal. The petitioner contended that none of the seized material was in his possession, that the police failed to comply with Section 105 of the B.N.S.S. while making the seizure, and that he was falsely implicated, having been in judicial custody since 8 January 2026. The State opposed bail, citing a prior similar offence. After hearing both sides, the High Court considered the lack of direct possession, the procedural lapse, and the petitioner’s custody, and decided to grant bail on a bond of Rs 10,000 with two sureties. The order directed the petitioner to appear before the Special Judge of the Exclusive Excise Court‑2, Banka.
Issues considered
- Whether bail should be granted to the petitioner in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of seizure and alleged procedural irregularities
- Whether the alleged prior criminal antecedent warrants denial of bail
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- seizure
- procedural lapse
- Section 30(a)
- Bihar Prohibition and Excise Act
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16967 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Excise P.S. District- Banka
======================================================
Sikandar Kumar Chaudhary @ Sikandar Chaudhary, Son of Laddu
Choudhary, Resident of village- Makduma, PS- Amarpur, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Banka Excise P.S. Case No. 05 of 2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that
altogether 25 liters of country made liquor and 150 liters of
fertilized Mahua were recovered near canal.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the seizure list it is clear that the recovery
has been made from near canal. He has no concern with the
Patna High Court CR. MISC. No.16967 of 2026(2) dt.16-03-2026
2/2
alleged recovery. Nothing has been recovered from his
possession. The witnesses of the seizure list are police
personnel. Police has not complied Section 105 of B.N.S.S.
while making the seizure. Petitioner is languishing in judicial
custody since 08.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge Exclusive Excise Court-2, Banka in connection with
Banka Excise P.S. Case No. 05 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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