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Patna High Court

Sanjeev Kumar @ Sanjeev Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sanjeev Kumar Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 read with several provisions of the Bihar Excise Act. He has 14 prior criminal cases, 12 of which are excise offences, and the present allegations stem from alleged recovery of liquor from the houses of two other persons, with no liquor seized from his possession. The prosecution’s case relies mainly on a confessional statement made by one of the house owners while in police custody, which the petitioner contended lacks evidentiary value. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs. 70,000 with two sureties and directed the trial court to verify the petitioner’s antecedent. The order further stipulated that if the antecedent exceeds 14 cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner has a substantial criminal antecedent.
  • Whether a confessional statement recorded in police custody, without corroborative evidence, is sufficient to deny anticipatory bail.
  • Whether the absence of seized liquor from the petitioner’s possession affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • confessional statement
  • police custody
  • criminal antecedent
  • Bihar Excise Act
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12316 of 2026
                      Arising Out of PS. Case No.-498 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Sanjeev Kumar @ Sanjeev Kumar Yadav Son of Hiraban Rai Resident of
                 Village- Jaisinghpur Chiutahi, P.S.- Turkauliya, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  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 Sections 274, 275

                   and 3(5) of the BNS, 2023 read with Sections 30(a)(b)(c), 32(2)

                   (3), 33, 36 and 41(1)(2) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of 14 cases out of which 12 cases are

                   under the excise act and allegation is of recovery of 336.7 liters

                   of liquor from the house of Prabhawati and 17.68 liters of liquor

                   from the house of Pratima Devi.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.12316 of 2026(2) dt.27-02-2026
                                            2/3




          was recovered from his conscious possession and even alleged

          recovery is from a place which does not belong to the petitioner

          and petitioner has no concern or relation with Prabhawati and

          Pratima, but then he came to be implicated based on

          confessional statement of Prabhawati 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. It is also

          submitted that petitioner earlier in similar manner also came to

          be implicated.

                       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.

          70,000/- (Rupees Seventy 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
            Patna High Court CR. MISC. No.12316 of 2026(2) dt.27-02-2026
                                                        3/3




                      Turkauliya P.S. Case No. 498 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

                      than 14 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 14

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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