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Patna High Court

Bheem Kumar @ Bheem RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and the court granted bail with conditions.

Summary

Bheem Kumar was arrested on 8 January 2026 in connection with a case involving the seizure of 172 litres of illicit country-made liquor from a motorcycle he owned. He pleaded not guilty, arguing that the liquor was recovered from the motorcycle and the actual carrier, Ankit Chaudhary, not from his conscious possession. The prosecution opposed bail, citing three prior criminal antecedents of a similar nature, though the petitioner was already on bail for those matters. The court examined the facts and, noting the lack of direct possession and the petitioner’s existing bail status, granted bail on a bond of Rs.10,000 with two sureties and specific conditions. The order also directed verification of the petitioner’s criminal antecedents without delaying the bail.

Issues considered

  • Whether the petitioner is entitled to bail despite being the owner of the vehicle from which illicit liquor was seized
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail
  • Whether bail can be granted pending verification of the petitioner’s criminal antecedents

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • vehicle ownership
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36782 of 2026
                  Arising Out of PS. Case No.-592 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Bheem Kumar @ Bheem Ram S/o Harendra Ram Resident of village - Areraj
                 Ward No. 1, P.S - Areraj, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                        Heard Mr. Abhishek Kumar, learned counsel for

                   the petitioner and Md. Matloob Rab, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.01.2026 in connection with Harsidhi P.S. Case No. 592 of

                   2025, F.I.R. dated 27.08.2025 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 172 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has

                   been made from motorcycle in question and one Ankit
Patna High Court CR. MISC. No.36782 of 2026(2) dt.16-06-2026
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          Chaudhary was apprehended, who was carrying the illicit liquor

          along with him and the petitioner has been made accused merely

          on the basis that he is the owner of the motorcycle in question.

          He next submits that the said Ankit Choudhary has been granted

          the privilege of bail by a co-ordinate Bench of this Court in Cr.

          Misc. No. 13369 of 2026 vide order dated 26.02.2026. The

          petitioner is in custody since 08.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries three criminal antecedents other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No-1, Motihair, East Champaran in

          connection with Harsidhi P.S. Case No. 592 of 2025, subject to

          the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.36782 of 2026(2) dt.16-06-2026
                                                        3/3




                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage 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, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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