Patna High Court
Bhishma Kumar @ Visham KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.
Summary
Bhishma Kumar was implicated in a case under Section 30(a) of the Excise Act for the alleged recovery of 25.5 litres of liquor from a motorcycle he owned. He was not arrested at the spot and contended that the motorcycle had been stolen, later recovered, and that a friend misused it without his knowledge. He sought anticipatory bail under Section 438 of the CrPC, emphasizing his clean antecedent. The State opposed the bail. The Patna High Court granted provisional anticipatory bail, directing the petitioner to furnish bail bonds and sureties, subject to verification of his criminal record, and warned that any undisclosed prior case would nullify the bail. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the facts of alleged possession of liquor and ownership of the vehicle.
- Whether ownership of the motorcycle, without conscious possession of the liquor, makes the petitioner liable under Section 30(a) of the Excise Act.
- Whether the petitioner’s claim of a clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- ownership of vehicle
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44288 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- PARIHAR District- Sitamarhi
======================================================
Bhishma Kumar @ Visham Kumar S/O Ram Pratap Mahto R/O Village-
Janki Nagar, Ward No. 02, P.S- Sonbarsa, Distt.-Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kishore Thakur
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 25.5 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.44288 of 2026(2) dt.07-07-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also fled from the spot. It is also submitted that
motorcycle was stolen but subsequently it was recovered.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Parihar P. S. Case No.24 of 2026, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.44288 of 2026(2) dt.07-07-2026
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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