Patna High Court
Virendra Mallah @ Birendra MallahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted subject to conditions and verification of the petitioners' antecedents.
Summary
Virendra Mallah and Kunti Devi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a) and 41 of the Excise Act for the alleged recovery of 32 litres of liquor. The petitioners argued that the liquor was not in their conscious possession, was recovered from a public place, and that they were implicated by a local informant without proper investigation. 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.20,000 each with two sureties, subject to verification of their criminal antecedents. The order stipulated that if the antecedent checks reveal more cases than disclosed, the bail would not be confirmed; otherwise, it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under the Excise Act.
- Whether the petitioners' criminal antecedents justify denial of anticipatory bail.
- Whether the circumstances of alleged recovery of liquor from a public place affect the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6899 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- GURUA District- Gaya
======================================================
1. Virendra Mallah @ Birendra Mallah Son of Late Rajendra Mallah Resident
of Village - Mallah Toli P.S. - Guraru, District - Gaya.
2. Kunti Devi Wife of Devraj Mallah Resident of Village - Mallah Toli P.S. -
Guraru, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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
Sections 30(a) and 41 of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of four cases out of which
three cases are under the Excise Act and petitioner no.2 is a
person with clean antecedent and is a woman and the allegation
is of recovery of 32 litres of liquor from four different places.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.6899 of 2026(2) dt.19-02-2026
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recovered from their conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local person, but then, it is
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
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. 20,000/- (Rupees Twenty 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 Gurua P. S. Case No.361 of 2025, 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
Patna High Court CR. MISC. No.6899 of 2026(2) dt.19-02-2026
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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 petitioner no.1 has antecedent of more than
four cases and petitioner no.2 has antecedent of even 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 petitioner no.1 has antecedent of
four cases only and petitioner no.2 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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