Patna High Court

Sikandar Kumar @ Sikandra Kumar @ Rakesh KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to a bond of Rs.15,000, two sureties and conditions of appearance.

Summary

The petitioner, Sikandar Kumar, was arrested on 12‑12‑2025 after 62 litres of country liquor were recovered from his motorcycle, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no conscious possession of the liquor and was implicated because he refused to pay an illegal demand from an informant after being stopped for not wearing a helmet. The petitioner also highlighted the absence of any incriminating material and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, citing the petitioner’s two prior criminal antecedents and the seriousness of the offence. Considering the lack of material evidence, the period of custody already served, and the statutory provisions, the Court inclined to grant bail. Accordingly, bail was ordered on a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of possession, custody period, and prior antecedents
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
possession of liquor
criminal procedure
Section 30
Section 103
Bihar
helmet violation
informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5450 of 2026
                       Arising Out of PS. Case No.-335 Year-2025 Thana- CHAKAND District- Gaya
                 ======================================================
                 Sikandar Kumar @ Sikandra Kumar @ Rakesh Kumar S/o Late Rambriksh
                 Chaudahry Resident of Village- Madan Bigha, P.S.- Chakand, Distt.- Gaya Ji


                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :      Mr.Ramchandra Sahni, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chakand P.S. Case No. 335 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 62 liters

                   of country liquor was recovered from motorcycle. Petitioner

                   was arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.5450 of 2026(2) dt.31-01-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. As a matter of

          fact the petitioner was driving his motorcycle without bearing

          helmet for which illegal consideration was demanded by the

          informant and when petitioner did not oblige him then he has

          been implicated in this case. The petitioner is in custody since

          12.12.2025 and has got two criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Chakand P.S. Case

          No. 335 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.5450 of 2026(2) dt.31-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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