Allowed¶22

Rampari Devi v. The State of Bihar

Patna HC19 Jan 2026CR. MISC./83649/2025

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Excise Act Section 30(a); recovery of 52 litres liquor; Bibhutipur P.S. Case No.316 of 2025; Samastipur; Bihar; Section 438(2) Cr.P.C.; clean antecedent verification; bail-bond Rs.500; two sureties; six weeks surrender; Patna High Court; Satyavrat Verma; Rampari Devi; Mahesh Paswan; Manoj Kumar Singh; Kumar Uday Pratap; CR. MISC. No.83649 of 2025.

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender before the learned Court below within six weeks, on bail-bonds of Rs.500/- each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on trial-court verification of clean criminal antecedents. ¶22

Rampari Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to anticipatory bail in connection with Bibhutipur P.S. Case No.316 of 2025, registered for offences punishable under Sections 30(a) of the Excise Act.

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Court's answer

Provisional anticipatory bail granted: on arrest or surrender before the learned Court below within six weeks, the petitioners are to be released on furnishing bail-bonds of Rs.500/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Ratio / Principle

The trial court, on accepting the provisional bail bonds, shall verify the petitioners' criminal antecedents; if even one prior case is found, it would be presumed the petitioners concealed their antecedent to obtain anticipatory bail, and the provisional order shall not be confirmed.

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Key takeaways

If verification finds the petitioners to be persons with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Crl. Misc. No.83649 of 2025 (Satyavrat Verma, J.), order dated 19-01-2026. Petitioners Rampari Devi and Mahesh Paswan, named in Bibhutipur P.S. Case No.316 of 2025 (Samastipur) registered for offences under Sections 30(a) of the Excise Act over alleged recovery of 52 litres of liquor from their house, were granted provisional anticipatory bail: surrender/arrest within six weeks and release on bail-bonds of Rs.500/- each with two like sureties, subject to Section 438(2) Cr.P.C. conditions. Confirmation of the provisional order was made conditional on the trial court verifying clean criminal antecedents; discovery of even one antecedent case is to be treated as concealment and the order will then not be confirmed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83649 of 2025

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Arising Out of PS. Case No.-316 Year-2025 Thana- BIBHUTIPUR District- Samastipur

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======================================================

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Rampari Devi W/O Mahesh Paswan R/O Village- Balha, P.S- Bibhutipur, Distt.- Samastipur.

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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

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Singh For the Opposite Party/s : Dr. Kumar Uday Pratap ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 19-01-2026

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Heard learned counsel for the petitioners and

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learned APP for the State.

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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.

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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

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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

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Patna High Court CR. MISC. No.83649 of 2025(3) dt.19-01-2026 2/3

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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.

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Learned A.P.P. opposes the anticipatory bail application.

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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.

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The application stands allowed.

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It is made clear that the learned trial Court after

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Patna High Court CR. MISC. No.83649 of 2025(3) dt.19-01-2026 3/3

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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 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.

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(Satyavrat Verma, J)

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vikash/-

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U T

Rampari Devi v. The State of Bihar

Case brief

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What did the court decide?

Rampari Devi v. The State of Bihar

Case brief

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