Patna High Court
Sikku Singh @ Sikandar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.
Summary
The petitioner, Sikku Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged recovery of 101 litres of liquor from a public ghat. He claimed to have a clean antecedent, argued that the liquor was not in his possession, and suggested that a hostile chowkidar had falsely implicated him. The State opposed his prayer for anticipatory bail. The Court, after considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the allegations of liquor recovery constitute sufficient ground for arrest
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- liquor seizure
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30742 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BARHARA District- Bhojpur
======================================================
Sikku Singh @ Sikandar Singh son of Late Manji Singh Resident of village -
Parasiya, Ps- Barhara, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Riya Raj
For the Opposite Party/s : Mr. Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 101 litres of liquor from a Chath Ghat. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner and is accessible to public at large and he came to be
implicated at the instance of chowkidar with whom he is on an
inimical term. It is also submitted that if chowkidar was aware
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of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution,
when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Barhara P.S. Case No.21/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.30742 of 2026(2) dt.06-05-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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