Patna High CourtCR. MISC./32346/2026bail granted

Md. Sikandar v. The State Of Bihar

2026-05-12Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32346 of 2026 Arising Out of PS. Case No.-265 Year-2026 Thana- PIRBAHOR District- Patna ====================================================== Md. Sikandar, S/o Md. Alam, Resident of Bazar Samiti, Bahadurpur Gumti, Jhoparpatti, P.S.- Bahadurpur, District- Patna, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Munna Raj, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026 Heard the parties.

2. Petitioner seeks regular bail in connection with Pirbahore P.S. Case No. 265 of 2026 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to previous altercation with the police officials. It is submitted that nothing has been recovered from the conscious possession of the petitioner and the alleged seizure is false and fabricated. Learned counsel further submits that though the raid was allegedly conducted in a public place during daytime, no independent witness was made witness to the seizure and all seizure witnesses are members of the police party. It is

Patna High Court CR. MISC. No.32346 of 2026(2) dt.12-05-2026 2/2 also submitted that the mandatory provision under Section 105 of the BNSS regarding photography/videography of search and seizure has not been complied with. Learned counsel further submits that the petitioner has one antecedent of similar nature in which he is already on bail and is in custody since 27.03.2026.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case and considering the statements made in the petition as well as above submissions, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Pirbahore P.S. Case No. 265 of 2026.

(Shailendra Singh, J) annu/- U T