Patna High Court
Bheem Kumar @ Bheem RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
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
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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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