Patna High Court
Santosh Kumar Yadav @ Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The application for anticipatory bail is allowed, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
Santosh Kumar Yadav applied for anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 270 litres of liquor. He argued that he was not caught in possession, was not the owner of the vehicle, and the case relied solely on a confessional statement made by Md. Wasim while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.20,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and a verification of the petitioner’s criminal antecedents. The court stipulated that if the petitioner is found to have more than four prior cases, the bail will not be confirmed; if only four, it will be confirmed. Additionally, the petitioner was directed to deposit Rs.7,500 with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail should be granted in an excise case where the only evidence is a confessional statement obtained in police custody.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- Section 482
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5536 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Santosh Kumar Yadav @ Santosh Yadav S/o Rajaram Yadav Resident of
Village- Vishnupur, P.S.- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a), 32(1) and
32(3) of Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of four cases under the Excise Act
and allegation is of recovery of 270 litres of liquor from an auto.
It is next submitted that petitioner was not arrested from the
spot, as such, nothing was recovered from his conscious
possession and is not the owner of the seized vehicle and came
to be implicated based on confessional statement of Md. Wasim
in police custody, which does not have any evidentiary value. It
is next submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.5536 of 2026(2) dt.03-02-2026
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relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge Excise Court, Jhanjharpur in connection with
Excise Jhanjharpur P.S. Case No.181 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than four cases,
then it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.5536 of 2026(2) dt.03-02-2026
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obtaining anticipatory bail had concealed his 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 has antecedents of only four cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.7,500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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