Allowed¶20

Sashi Bhushan Kumar v. The State of Bihar

Patna HC22 Jul 2026CR. MISC./49644/2026

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail, 2026; Sashi Bhushan Kumar v. State of Bihar; CR. MISC. No.49644 of 2026; Suppi P.S. Case No.229 of 2025, Sitamarhi; Section 317(5) BNS; Section 30(a) Excise Act; recovery of 135 litres of liquor from auto; vehicle-owner implication; provisional anticipatory bail; bail bond Rs.500 with two sureties; Section 482(2) BNNS conditions; confirmation conditional on verification of clean antecedents; Justice Satyavrat Verma; application allowed.

What did the court decide?

Anticipatory bail application allowed; petitioner granted provisional anticipatory bail upon surrender/arrest within six weeks, on bail-bonds of Rs.500/- with two sureties of the like amount each, subject to Section 482(2) BNNS conditions and confirmation contingent on verification of clean antecedents by the trial court. ¶20

Sashi Bhushan Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Suppi P.S. Case No. 229 of 2025 (offences punishable under Section 317(5) B.N.S. and Section 30(a) of the Excise Act, alleging recovery of 135 litres of liquor from an auto), is entitled to anticipatory bail.

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Court's answer

In the event of arrest or surrender before the court below within six weeks, the petitioner is directed to be released on provisional anticipatory bail on furnishing bail-bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned Trial Court in connection with Suppi P.S. Case No. 229 of 2025, subject to conditions under Section 482(2) of the BNNS.

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Ratio / Principle

The trial court shall verify the petitioner's criminal antecedents after accepting the provisional bail bonds: if even one antecedent case is found, concealment will be presumed and the provisional anticipatory bail order shall not be confirmed; if the petitioner is found to have clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

ANTICIPATORY BAIL — Recovery of 135 litres of liquor from an auto alleged to belong to the petitioner — Offences under Section 317(5) B.N.S. and Section 30(a) of the Excise Act — Petitioner claimed he was not arrested from the spot and was implicated merely as owner of the seized vehicle, unaware that one Saif Ali would misuse it — Held: petitioner, in the event of arrest or surrender within six weeks, to be released on provisional anticipatory bail on bail-bonds of Rs.500/- with two like sureties, subject to conditions under Section 482(2) of the BNNS — Trial court to verify antecedents after accepting provisional bail bonds; if even one antecedent case is found, concealment to be presumed and the provisional bail order shall not be confirmed; if clean antecedents are verified, confirmation to follow forthwith. (Patna High Court, Satyavrat Verma, J.; Crl. Misc. No. 49644 of 2026; decided 22-07-2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49644 of 2026

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Arising Out of PS. Case No.-229 Year-2025 Thana- SUPPI District- Sitamarhi

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======================================================

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Sashi Bhushan Kumar S/o Jaisi Ram R/o Village - Sirisiya Ward no. 13, P.S. - Bathnaha, Dist. - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 22-07-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 317(5) of the B.N.S. and Section 30(a) of the Excise Act.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 135 litres of liquor from an auto.

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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 auto. It is next submitted that no prudent person would use his own

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Patna High Court CR. MISC. No.49644 of 2026(2) dt.22-07-2026 2/3

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vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that Saif Ali would misuse the vehicle in the manner as alleged as he was also apprehended at the spot along with Najrana Khatoon and Rubina Khatoon.

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Learned A.P.P. opposes the anticipatory bail application.

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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 Suppi P. S. Case No.229 of 2025, subject to the conditions laid down under Section 482(2) of the BNNS.

¶20

The application stands allowed.

¶21

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

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Patna High Court CR. MISC. No.49644 of 2026(2) dt.22-07-2026 3/3

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found that petitioner has antecedent of even one case, then it 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.

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(Satyavrat Verma, J)

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vikash/-

¶26

U T

Sashi Bhushan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sashi Bhushan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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