Patna High Court
Md. SikandarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner, finding the procedural lapses sufficient to justify release.
Summary
The petitioner, Md. Sikandar, was charged under section 30(a) of the Bihar Prohibition and Excise Act in PS Pirbahore case No. 265 of 2026. He contended that he was falsely implicated, that the alleged seizure was fabricated, that no independent witness observed the seizure, and that the mandatory requirement of Section 105 of the BNSS for photographing or video‑recording the search was not complied with. The State opposed his bail application, noting that he already has an antecedent case of a similar nature for which he is on bail and has been in custody since 27‑03‑2026. After considering the submissions, the Court found merit in the petitioner's claims of procedural lapses and, despite the antecedent, decided to grant regular bail. The order directed the petitioner to furnish a bail bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged procedural violations in the seizure and his prior antecedent case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- procedural compliance
- Section 105 BNSS
- police seizure
- antecedent case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32346 of 2026
Arising Out of PS. Case No.-265 Year-2026 Thana- PIRBAHOR District- Patna
======================================================
Md. Sikandar, S/o Md. Alam, Resident of Bazar Samiti, Bahadurpur Gumti,
Jhoparpatti, P.S.- Bahadurpur, District- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Munna Raj, Adv.
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Pirbahore P.S. Case No. 265 of 2026 registered for the offence
punishable under section 30(a) of the Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case due to previous altercation with the police officials.
It is submitted that nothing has been recovered from the
conscious possession of the petitioner and the alleged seizure is
false and fabricated. Learned counsel further submits that though
the raid was allegedly conducted in a public place during
daytime, no independent witness was made witness to the seizure
and all seizure witnesses are members of the police party. It is
Patna High Court CR. MISC. No.32346 of 2026(2) dt.12-05-2026
2/2
also submitted that the mandatory provision under Section 105 of
the BNSS regarding photography/videography of search and
seizure has not been complied with. Learned counsel further
submits that the petitioner has one antecedent of similar nature in
which he is already on bail and is in custody since 27.03.2026.
4. Learned APP for the State has opposed the prayer of
the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, this Court is inclined to release him on bail.
Accordingly, let the petitioner named-above be released on bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Pirbahore
P.S. Case No. 265 of 2026.
(Shailendra Singh, J)
annu/-
U T
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