Created by Fuzzy Cloud

Patna High Court

Roopu Ram @ Rupu RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.