Patna High Court
Sanjeev Kumar @ Sanjeev Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 3(5)
- Code of Criminal Procedure — s. 482(2)
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
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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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