Patna High Court
Vifendra Ram @ Vifendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted in the present case, subject to bail‑bond conditions and verification of the petitioners' criminal antecedent.
Summary
Vifendra Ram and his wife Rinku Devi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 10 litres of liquor from a straw house. They argued that they were not arrested at the spot, the liquor was not in their conscious possession, and that the straw house is a public structure unlikely to be used for committing a crime. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 each with two sureties, subject to verification of their criminal antecedent. The order stipulated that if the petitioners are found to have more than one prior case, the provisional bail would not be confirmed; otherwise it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether the absence of conscious possession of the alleged liquor and the nature of the straw house justify granting anticipatory bail.
- Whether the petitioners' criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 438
- possession
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42090 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- BADHAILA District- Rohtas
======================================================
1. Vifendra Ram @ Vifendra Paswan S/O Late Vakil Paswan R/O Village-
Rampur, P.S.- Baghaila, Distt.- Rohtas.
2. Rinku Devi W/O Vifendra Paswan @ Vifendra Ram R/O Village- Rampur,
P.S.- Baghaila, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Singh
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of one case and is a woman and
the allegation is of recovery of 10 litres of liquor from straw
house of the petitioners.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.42090 of 2026(2) dt.30-06-2026
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recovery is from a straw house which is outside the house and is
accessible to public at large. It is next submitted that no prudent
person would use his/her own straw house for committing a
crime and thus, would create evidence against themselves and
hence, would get implicated. It is next submitted that someone
inimical to the family concealed the meager amount of liquor in
the house without knowledge of the petitioners and they came to
be implicated at the instance of local person, but then, it is
submitted that it does not appear probable that local person
would have known who had concealed the liquor in the straw
house.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each 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 Baghaila P. S. Case No.38 of 2026, subject to
Patna High Court CR. MISC. No.42090 of 2026(2) dt.30-06-2026
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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 petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their 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 petitioners have antecedent of only one case, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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