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Patna High Court

Vifendra Ram @ Vifendra PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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