Sikandar Kumar Choudhary @ Jharakalka @ Zaralka v. The State Of Bihar

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 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 2/3 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 bailbonds 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