Patna High Court
Sikandar Kewat @ Sikandar Kumar @ Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused anticipatory bail as the petitioner had prior similar criminal antecedents and no material was recovered from his possession.
Summary
The petitioner, Sikandar Kewat, was implicated in a case (PS Case No. 48 of 2026) for alleged offences under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act, based on the recovery of 90 litres of illicit liquor from an e‑rickshaw. He argued that no incriminating material was found in his conscious possession and that his involvement was purely speculative. The State opposed his bail application, highlighting two prior criminal antecedents of a similar nature. The court examined whether the petitioner’s alleged connection to the seized liquor and his past record justified the grant of anticipatory bail. Considering the prior convictions and the lack of direct evidence against him, the court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the absence of material found in his possession
- Whether prior criminal antecedents of a similar nature justify denial of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(iii)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27844 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- SHEKHPURA District- Sheikhpura
======================================================
Sikandar Kewat @ Sikandar Kumar @ Sumit Kumar S/o Ramawatar Kewat
R/o Village- Bhados Beldaria, P.S- Sirari, Dist- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Sheikhpura P. S.
Case No. 48 of 2026 registered for the offences punishable
under Sections 30(a), 32(iii) of Bihar Prohibition and Excise
Act.
3. As per prosecution case, 90 liters illicit liquor was
recovered from the seized e-rickshaw.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the seized e-rickshaw or the alleged recovery. Petitioner has
been made accused in this case only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submitted that petitioner has got two
Patna High Court CR. MISC. No.27844 of 2026(2) dt.04-05-2026
2/2
criminal antecedents of similar nature.
6. Considering the criminal antecedents of similar
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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