Patna High Court
Sikandar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Sikandar Yadav, was arrested on 11 May 2026 in connection with an excise case where police seized 1,620 litres of illicit liquor. He applied for bail, contending that the seizure was made from an open place, not from his possession, and that the seizure list violated mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing secret information leading to his arrest and his antecedent of six other cases, though he is on bail in those matters. The court examined the facts, the procedural lapses alleged, and the petitioner’s criminal history. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for verification of the antecedent claim.
Issues considered
- Whether the petitioner is entitled to bail despite alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s alleged criminal antecedents preclude the grant of bail.
- Whether the seizure of illicit liquor from an open place, rather than from the petitioner’s possession, affects the bail application.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Section 30
- BNSS
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40753 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Sikandar Yadav Son of Ram Narayan Yadav Resident of Village- Simratol
Yogiya, P.S.- Ladania, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.05.2026 in connection with Sadar Excise P.S. Case No. 332
of 2025 for the offence punishable under Section 30(a) of Bihar
Prohibition And Excise Act.
3. The case of the prosecution in brief is that on 30-
09-2025, at approximately 11:00 AM, confidential information
was received stating that Sikandar Yadav and Ashok Yadav had
concealed a large quantity of illicit liquor at Busbitti-located
near the Simra Toll area in the village of Yogiva intended for
sale during the occasion of Navratri. To verify this information
and initiate necessary action. I proceeded to the reported
location Busbitti, situated beyond the village near Simra Toll-
accompanied by my subordinates and the assigned armed force,
arriving at approximately 1:55 PM. Upon conducting a lawful
search, a total of 1,620 liters of illicit liquor was recovered from
36 white plastic sacks, which had been kept concealed under a
Patna High Court CR. MISC. No.40753 of 2026(2) dt.29-06-2026
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plastic tarpaulin.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that it appears from
the FIR and seizure list that nothing has been recovered from
the conscious possession of the petitioner rather the recovery
has been made from from an open place and petitioner was
apprehended at the place of occurrence. It is next submitted that
from perusal of the seizure list it appears that the seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and petitioners are in custody since 11.05.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that name of the petitioner has come up on the basis of
secret information and petitioner has antecedent of six cases
other than the present case but fairly submits that the petitioner
is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Patna High Court CR. MISC. No.40753 of 2026(2) dt.29-06-2026
3/3
Special Judge, Madhubani in connection with Sadar Excise P.S.
Case No. 332 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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