Patna High Court
Sikandar Kumar @ Hira Lal @ Sikandra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Sikandar Kumar, was charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 200 litres of liquor and 200 litres of jawa mahua from a forest, which were destroyed at the spot. The petitioner was not arrested at the scene and no liquor was found in his possession. Counsel argued that the alleged recovery occurred in a public area, that the petitioner was implicated by locals without proper investigation, and that he had been in custody since 22-12-2025 without sufficient evidence. The court considered these submissions and found no compelling reason to deny bail. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Excise Act when the alleged contraband was not recovered from his possession
- Whether the circumstances of the arrest and lack of direct evidence justify continued custody
Subjects
- bail
- excise law
- Section 30(a)
- Bihar Excise Act
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6249 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Sikandar Kumar @ Hira Lal @ Sikandra Kumar S/o Late Rambrichh
Chaudhary @ Late Rambriksh Chaudhary R/o Village - Madan Bigha, P.S -
Chakand, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Adv
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 200 litres of liquor from a forest and
200 litres of jawa mahua which was destroyed at the spot.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.6249 of 2026(2) dt.31-01-2026
2/2
and is accessible to villagers at large and he came to be
implicated at the instance of local people or Chowkidar but then
it is submitted that if local people or Chowkidar was aware
about the involvement of the petitioner in the occurrence, then
why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution. It is further 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. It is also submitted that
petitioner is in custody since 22-12-2025.
5. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond 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 Chakand P.S. Case
No. 317 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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