Patna High Court

Sikandar KumarversusThe State Of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail must be granted as the petitioner lacks incriminating material, has no prior record, and the statutory requirements for bail are satisfied.

Summary

The petitioner, Sikandar Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 171.75 litres of liquor recovered from two toto vehicles. He claimed innocence, stating he was merely a driver and had no knowledge of the liquor, and that no incriminating material was found in his possession. The prosecution opposed bail, while the petitioner highlighted his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court, considering the facts, the short period of custody, and the absence of evidence linking the petitioner directly to the contraband, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, personal surety, regular court appearances, and non‑interference with evidence or witnesses.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
liquor seizure
driver
Bharatiya Nagarik Suraksha Sanhita
Section 103
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7689 of 2026
                       Arising Out of PS. Case No.-305 Year-2025 Thana- Rangara District- Bhagalpur
                 ======================================================
                 Sikandar Kumar S/O Nakshtra Mandal R/o Vill.- Nathan Tola Bastha, P.S.-
                 Chausa, Dist.- Madhepura
                                                                         ... ... Petitioner/s
                                               Versus
                 The State Of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Baijnath Sah, Advocate
                 For the Opposite Party/s :        Mr.Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Rangra

                   P.S. Case No. 305 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 171.750

                   liters liquor was recovered from two Totoes.

                                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

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the one of the

                   toto and he has no knowledge and concern regarding the goods
Patna High Court CR. MISC. No.7689 of 2026(2) dt.10-02-2026
                                            2/3




          loaded in the vehicle.            The petitioner is in custody since

          15.12.2025 and has got no criminal antecedent. 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 Rangra P.S. Case No.

          305 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.
           Patna High Court CR. MISC. No.7689 of 2026(2) dt.10-02-2026
                                                       3/3




                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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