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Patna High Court

Sikandar Kumar Chaudhary @ Sikandar ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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