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Patna High Court

Rampari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The anticipatory bail application is allowed, granting provisional bail subject to conditions.

Summary

Rampari Devi and Mahesh Paswan applied for anticipatory bail in a case alleging possession of 52 litres of liquor under Section 30(a) of the Excise Act. They argued they have clean antecedents, were not arrested at the scene, and the liquor was found in a joint family house, making it uncertain that they had knowledge or control over it. The prosecution opposed the bail, but the court noted the lack of conscious possession and the chaukidar's failure to inform police earlier. The court directed that, upon surrender within six weeks, the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties each, subject to Section 438(2) CrPC conditions. The order also stipulated verification of antecedents, with confirmation of bail if they are clean, otherwise the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the CrPC in a case under Section 30(a) of the Excise Act.
  • Whether the alleged possession of liquor can be attributed to the petitioners given the joint family property context.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor possession
  • clean antecedent
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83649 of 2025
                   Arising Out of PS. Case No.-316 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
           1.     Rampari Devi W/O Mahesh Paswan R/O Village- Balha, P.S- Bibhutipur,
                  Distt.- Samastipur.
           2.    Mahesh Paswan S/O Prabhu Paswan R/O Village- Balha, P.S- Bibhutipur,
                 Distt.- Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Singh
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean and petitioner no.1 is a

                   woman antecedent and the allegation is of recovery of 52 litres

                   of liquor from the house of 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 the house in
Patna High Court CR. MISC. No.83649 of 2025(3) dt.19-01-2026
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          question is a joint family property and thus, it cannot be alleged

          with certainty that it were the petitioners, who had kept the

          liquor in the house or the liquor kept in the house was within

          their knowledge. It is further submitted that if Chaukidar was

          aware of the involvement of the petitioners in the occurrence,

          then why he did not inform the police prior to institution of the

          present F.I.R., which casts an aspersion on the case of the

          prosecution.

                       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.500/- (Rupees Five Hundred) 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 Bibhutipur P. S. Case No.316 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.83649 of 2025(3) dt.19-01-2026
                                                           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 petitioners have 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 petitioners are persons 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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