Patna High Court
Sikandar @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioners' criminal antecedents.
Summary
The petitioners, Sikandar and Rohit, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023, read with Section 30(a) of the Bihar Excise Act, alleging recovery of 78 litres of liquor. They argued that the alleged contraband was not found in their possession and that the investigation was mechanically based on a chowkidar's complaint. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.15,000 each with two sureties, and directed verification of their criminal antecedents. The order stipulated that if the petitioners have more prior cases than disclosed, the bail would not be confirmed; otherwise, it would be confirmed. The petitioners were also directed to deposit Rs.5,000 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending excise case.
- Whether the alleged recovery of liquor and prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- provisional bail
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5113 of 2026
Arising Out of PS. Case No.-467 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Sikandar @ Golu Kumar Son of Umesh Sahani @ Umesh Sahni Resident of
Village- Sapahi Britiya Ghat, P.S.- Raghunathpur, District- East Champaran
2. Rohit Kumar @ Bhola Son of Hiralal Mahto Resident of Village- Sapahi
Bazar, P.S.- Raghunaqthpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274, 275
and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases under the excise
act and petitioner no. 2 has antecedent of one case under the
excise act and allegation is of recovery of 78 liters of liquor
from a bag allegedly thrown by the accused persons.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.5113 of 2026(2) dt.02-02-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local person and Chowkidar, but
then it is submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) each 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 Turkauliya P.S. Case No. 467 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.5113 of 2026(2) dt.02-02-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
more than three cases and petitioner no. 2 has antecedent of
more than one case then it would be presumed that petitioners,
for the purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 1 has antecedent of
three cases only and petitioner no. 2 has antecedent of one case
only, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
8. At this stage, the learned counsel for the
petitioners, based on instruction, undertakes to deposit an
amount of Rs. 5000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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