Patna High Court
Sikandar Choudhary @ Sikandar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence is made out against the petitioner and the bar under Section 76(2) does not preclude relief.
Summary
The petitioner, Sikandar Choudhary, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 135 litres of country-made liquor near a river and locals identified him, leading to an FIR. He contended that the seizure was from an open place, he has no criminal antecedent, and the allegation stems from personal enmity. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar under Section 76(2) if no offence is established, the court examined the merits. The State opposed, citing the locals' identification. The court, noting the lack of evidence linking the petitioner to the liquor and his clean record, granted anticipatory bail with a set of stringent conditions, including bond, sureties, regular appearances before police and court, and non‑interference with witnesses.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when no offence is made out?
- Whether the petitioner’s alleged involvement in the seizure of illicit liquor is sufficient to deny bail?
- What conditions are appropriate for granting anticipatory bail in such circumstances?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of illicit liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43877 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- Kachna District- Katihar
======================================================
Sikandar Choudhary @ Sikandar Kumar Son of Chanddev @ Chandra
Shekhar Choudhary Resident of Village- Bin Tola/ Bind Tola, P.S.- Kachna,
District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kachna P.S. Case No. 25 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on secret
information, reached near the side of the river and there is
recovery/seizure of 135 liters country made liquor. Locals
present there named the petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that
recovery is from an open place, he do not have criminal
antecedent and only because of enmity, got implicated.
5. Further, learned counsel for the petitioner relied on
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the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
locals have given his name.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have criminal antecedent nor anything
recovered from his conscious possession, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned I/C District and Additional Sessions
Judge, Exclusive Special Excise Court-II, Katihar in connection
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with Kachna P.S. Case No. 25 of 2026 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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