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Patna High Court

Vikash Yadav @ Vishal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent cases.

Summary

The petitioner, Vikash Yadav, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act, alleging that he was implicated solely on the basis of a confessional statement made by Uttam Sarkar while in police custody. The petitioner argued that no liquor was recovered from his possession and that the alleged recovery occurred at a location unrelated to him. The State opposed the bail, contending the seriousness of the offence and the petitioner’s prior three excise cases. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds, and provide two sureties, subject to verification of his criminal antecedents under Section 482(2) of the CrPC. The order stipulated that if more than three prior cases are found, the bail would not be confirmed, but if the antecedent is limited to three cases, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) CrPC to a person implicated in an offence under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made by a co-accused in police custody can be the basis for implicating the petitioner.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • confessional statement
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11875 of 2026
                     Arising Out of PS. Case No.-886 Year-2018 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Vikash Yadav @ Vishal Kumar Son of Yogendra Yadav R/O Mirja Tola, Ward
                 No. 05, P.S.- Kalibagh, District - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :       Ms.Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026               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 three cases under the Excise Act and

                   allegation is of recovery of 4.125 litres of liquor from a place

                   near the house of Uttam Sarkar and 375 ml of liquor from

                   possession of Uttam Sarkar.

                             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 even the alleged
Patna High Court CR. MISC. No.11875 of 2026(2) dt.24-02-2026
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          recovery is from a place which does not belong to the petitioner

          and petitioner has no concern or relation with Uttam, but then he

          came to be implicated based on confessional statement of Uttam

          in police custody which does not have any evidentiary value. It

          is further submitted that once an accused is implicated in a case

          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.

                   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. 15,000/- (Rupees

          Fifteen 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 Bettiah Nagar

          Kalibagh P.S. Case No. 886 of 2018, 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
              Patna High Court CR. MISC. No.11875 of 2026(2) dt.24-02-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than

                        three cases then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his 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 three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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