Patna High Court
Vikash Yadav @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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