Patna High Court
Guddu Yadav @ Guddu RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated bail conditions.
Summary
The petitioner, Guddu Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 288 litres of liquor from two motorcycles. He contended that he was not apprehended on the spot, had no possession of the liquor, and was not the owner of the motorcycles, and that the sole basis of his implication was a confessional statement made by Shyambabu while in police custody, which he argued lacked evidentiary value. The petitioner also highlighted his extensive criminal antecedent of 13 cases, 12 of which relate to excise offences, and sought anticipatory bail to avoid arrest. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.65,000 with two sureties and directed the trial court to verify the petitioner’s antecedent, stipulating that the bail would be confirmed only if the antecedent does not exceed 13 cases.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case, considering the nature of the alleged offence and his prior criminal antecedent.
- Whether the confessional statement of a co-accused made in police custody can form a basis for implicating the petitioner.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedent
- Bihar Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12170 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- BARGAINIA District- Sitamarhi
======================================================
Guddu Yadav @ Guddu Rai S/O Mahendra Yadav @ Mahendra Rai Resident
of Village -Masaha Alam, ward No.- 03, P.S- Bairgania,Dist- Sitamarhi-
843313
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 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
petitioner has antecedent of 13 cases out of which 12 cases are
under the excise act and allegation is of recovery of 288 liters of
liquor from two motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized motorcycles and he came to be
Patna High Court CR. MISC. No.12170 of 2026(2) dt.26-02-2026
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implicated based on confessional statement of Shyambabu in
police custody which does not have any evidentiary value. It is
also 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.
65,000/- (Rupees Sixty Five 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
Bargainia P.S. Case No. 257 of 2025 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 event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.12170 of 2026(2) dt.26-02-2026
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than 13 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 13
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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