Patna High Court
Roopu Ram @ Rupu RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to bail conditions and verification of the petitioner’s criminal antecedent, with confirmation contingent on the antecedent findings.
Summary
The petitioner, Roopu Ram, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 11.25 litres of liquor from his joint family house. He argued that he was not arrested at the scene, the liquor was not in his conscious possession, and that the house being a joint family property made it uncertain whether he had knowledge of the liquor. The State opposed the bail, contending that the offence warranted arrest. The court granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents within six weeks. It directed that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was found in a joint family house and the petitioner was not in immediate possession.
- Whether the petitioner’s prior criminal antecedent affects the grant and confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- joint family property
- criminal antecedent
- bail conditions
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88937 of 2025
Arising Out of PS. Case No.-251 Year-2025 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
Roopu Ram @ Rupu Ram S/O Late Ramsakal Ram R/O Village - Umapur ,
P.s. - Bhagwanpur , District- Kaimur At Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of 11.25 litres of liquor from the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and the house in
question is a joint family property as such it cannot be alleged
Patna High Court CR. MISC. No.88937 of 2025(2) dt.05-01-2026
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with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioner. It is further submitted that he came to be
implicated based on secret information which is the easiest way
to implicate someone.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) 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
Bhagwanpur P.S. Case No. 251 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.88937 of 2025(2) dt.05-01-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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