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Patna High Court

Sikandar Kumar Choudhary @ Jharakalka @ ZaralkaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
                                                        3/3




                                                         (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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