Sikandar Bin @ Sikandar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33018 of 2025 Arising Out of PS. Case No.-272 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Sikandar Bin @ Sikandar Kumar S/O Mangru Bin Resident of VillageSemra, P.S- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for bail in connection with Bhore P.S Case No.272 of 2024 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The First Information Report and the seizure list would indicate that there is a total recovery of 380 litres of country made liquor made from some gallons and gunny bags, which was kept in the bushes behind the poultry farm.

4. Learned counsel for the petitioner submits that the nothing has been recovered from the physical and conscious

Patna High Court CR. MISC. No.33018 of 2025(2) dt.22-05-2025 2/3 possession of the petitioner and the recovery is made from an open space, which is accessible to all. Further, there is no independent witness to the seizure list and hence, the mandatory provisions of search and seizure have not been complied with. The petitioner is in custody since 28.03.2025.

5. Learned APP for the State opposes the prayer for bail application on the ground that there are two criminal antecedent of the same nature, in response to which learned counsel for the petitioner submits that he is on bail in all the said cases.

6. In view of the facts and circumstances, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Sessions Judge-XIII-cum-Special Judge Excise-I, Gopalganj, in connection with Bhore P.S Case No.272 of 2024, subject to the following conditions:

(i) the petitioner shall co-operate in the investigation/trial.

(ii) one of the bailors shall be the family member/close relative of the petitioner.

(iii) the learned Court would, however, verify the

Patna High Court CR. MISC. No.33018 of 2025(2) dt.22-05-2025 3/3 criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) sharun/- U T