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Patna High Court

Vishal YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Vishal Yadav, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was implicated in the recovery of 27 litres of liquor from a motorcycle despite having no prior criminal record and no possession of the seized vehicle. The petitioner argued that the allegation was based solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the offence warranted denial of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s antecedents by the trial court. It further directed that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement of a co-accused made in police custody can form a basis for denying anticipatory bail.
  • Whether lack of possession of the seized liquor and non-ownership of the vehicle preclude arrest and justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • confessional statement
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1069 of 2026
                       Arising Out of PS. Case No.-484 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Vishal Yadav S/o Ramawati Devi (Mother), Rambilash Yadav (Father)
                 Resident of Village- Kharauni Khas, P.S.- Mirganj, Dist.- Gopalganj
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashwat Sahil Singh
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 27 litres of liquor from a motorcycle. 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 he came to be implicated

                   based on confessional statement of apprehended accused in

                   police custody which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.1069 of 2026(2) dt.20-01-2026
                                                       2/2




                                  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 from today, be released on

                     provisional anticipatory bail on furnishing bail bonds of

                     Rs.500/- (Rupees five hundred) 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 Bhore

                     P.S. Case No.484/2025, subject to the conditions as laid down

                     under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T


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