Patna High Court
Sikandar Singh @ Sikandra Singh @ Sikandra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Sikandar Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 20 litres of liquor from a motorcycle. He argued that he was not in possession of the seized vehicle, was not arrested at the spot, and that the only evidence against him was a confessional statement made by a co‑accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s prior two cases under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedent and other conditions under Section 438(2) CrPC. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two antecedents are verified. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offence under Section 30(a) of the Excise Act.
- Whether the confessional statement of the co‑accused can be relied upon to justify denial of bail.
- Whether the petitioner concealed his criminal antecedent, affecting the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5015 of 2026
Arising Out of PS. Case No.-45 Year-2023 Thana- AAYAR District- Bhojpur
======================================================
Sikandar Singh @ Sikandra Singh @ Sikandra Kumar Son of Ramdayal
Singh @ Jagali Singh R/o Village - Chirapur, P.S - Ayar, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 20 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated based on
confessional statement of Aniket Sah in police custody, which
Patna High Court CR. MISC. No.5015 of 2026(2) dt.02-02-2026
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does not have any evidentiary value. It is next submitted that
police in majority of cases implicating innocent persons either at
the behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) 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 Ayar P. S. Case No.45 of 2023, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
Patna High Court CR. MISC. No.5015 of 2026(2) dt.02-02-2026
3/3
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.2500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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