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Patna High Court

Virendra Mallah @ Birendra MallahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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