Patna High Court
Sikandar Kumar Bin @ Sikandar BinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Sikandar Kumar, sought anticipatory bail after the police recovered 216 litres of illicit liquor from a seized vehicle and identified him as a co-accused based on a statement by another arrested individual. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating material was found in his possession. The State opposed the bail, highlighting the large quantity of liquor seized and the petitioner's five prior convictions for similar offences. The court examined the seriousness of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act and the petitioner’s criminal history. Considering these factors, the court concluded that granting anticipatory bail was inappropriate. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43190 of 2026
Arising Out of PS. Case No.-587 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Sikandar Kumar Bin @ Sikandar Bin S/o Mangru Bin Resident of Village-
Semra, P.S.- Bhore, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dewanand Tiwari, Advocate
For the State : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 216 litres illicity country
made was recovered from the seized car and co-accused Sumit
Kumar Bin was apprehended, who disclosed the name of this
petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is neither owner nor driver of
the vehicle in question and has been made an accused in this
Patna High Court CR. MISC. No.43190 of 2026(2) dt.02-07-2026
2/2
case merely on the basis of disclosure made by apprehended co-
accused person. Save and except confessional statement, there is
no material on record to show the complicity of this petitioner in
the alleged offence. No incriminating article has been recovered
from the conscious possession of this petitioner.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of liquor was
recovered from the seized vehicle. Petitioner has got five
criminal antecedents of similar nature.
6. Considering the nature of accusation, recovery of
huge quantity of illicit liquor from the seized vehicle and fact
that petitioner has got five criminal antecedents of similar
nature, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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