Patna High Court
Sikandar Kumar Choudhary @ Jharakalka @ ZaralkaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sikandar Kumar Choudhary, was arrested in connection with offences under the Arms Act, NDPS Act and the Bihar Prohibition and Excise Act after a police search recovered 350 grams of ganja, a pistol, a gun, illicit liquor and cash. He had been in custody since 22 July 2025 and possessed one prior criminal antecedent (Phulwaria P.S. Case No. 213 of 2022). The petitioner pleaded innocence and sought regular bail, while the State opposed the relief. The High Court examined the nature of the offences, the material seized and the petitioner’s antecedents. It allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties and imposing conditions regarding future offences, regular police‑station attendance, cooperation in trial and verification of antecedents. The order was made subject to cancellation of bail if any condition is breached.
Issues considered
- Whether regular bail can be granted to an accused charged with offences under Sections 25(1‑B)a, 26, 27 of the Arms Act, Sections 8, 20, 6(ii)(A) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act, considering the nature of the offences and the existence of a prior criminal antecedent.
Legislation cited
Subjects
- regular bail
- Arms Act
- NDPS Act
- Bihar Prohibition and Excise Act
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88734 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- PHULWARIA District- Begusarai
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Sikandar Kumar Choudhary @ Jharakalka @ Zaralka S/o Late Ramudgar
Choudhary R/o Village - Shokhara - 2, Choudhary Tola Kalambag, Ward
No.14, P.S - Phulwaria, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar Sinha
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 28-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Phulwaria P.S. Case No. 113 of 2025 registered for offences
under Sections 25(1-B)a, 26 and 27 of the Arms Act, Sections
8/20, 6(ii)(A) of the NDPS Act and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
350 grams of ganja, a country made pistol and gun, illicit liquor
and cash of Rs. 2,845/- in a bag from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 22.07.2025 and the petitioner has
Patna High Court CR. MISC. No.88734 of 2025(3) dt.28-01-2026
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one criminal antecedent i.e., Phulwaria P.S. Case No. 213 of
2022.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.D.J.-1st, Begusarai/concerned
Court below in connection with NDPS Case No. 43 of 2025
arising out of Phulwaria P.S. Case No. 113 of 2025 subject to
conditions that:-
(i). If in the near future, the
petitioner is found involved in any other
criminal cases then the bail bonds of the
petitioner shall automatically be cancelled.
(ii). The petitioner will mark his
attendance at the Phulwaria Police Station
on every Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(iii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
Patna High Court CR. MISC. No.88734 of 2025(3) dt.28-01-2026
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(iv) Before accepting the bail-
bonds of the petitioner, the court below will
verify the antecedent of the petitioner. If the
petitioner is found having more criminal
antecedents except Phulwaria P.S. Case No.
213 of 2022, then his bail bonds shall not be
accepted. If the petitioner is found having
one criminal antecedent i.e., Phulwaria P.S.
Case No. 213 of 2022, then his bail bonds
shall be accepted by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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