Patna High Court
Hemant @ Hemant Kumar Yadav @ Guddu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s criminal antecedent, with confirmation contingent on the finding of at most one prior case.
Summary
The petitioner, Hemant Kumar Yadav, was implicated in a case involving alleged offences under IPC sections 273, 274 and 34 and Section 30(a) of the Bihar Excise Act for the alleged recovery of 227.530 litres of liquor from a vehicle. He argued that he was not arrested at the spot, had no possession of the liquor, was not the owner of the vehicle, and that the case against him was based solely on confessional statements of co‑accused made in police custody, which he claimed lacked evidentiary value. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The order further stipulated that if the petitioner is found to have more than one prior case, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner given the nature of the alleged offences and the evidentiary basis of the case?
- Whether the confessional statements of co‑accused made in police custody can be the sole basis for implicating the petitioner?
- Whether the petitioner’s criminal antecedent, if more than one case, should affect the confirmation of anticipatory bail?
Legislation cited
- Indian Penal Code — s. 273, 274, 34
Subjects
- anticipatory bail
- excise law
- liquor seizure
- confessional statements
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12686 of 2026
Arising Out of PS. Case No.-140 Year-2020 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Hemant @ Hemant Kumar Yadav @ Guddu Kumar Yadav Son of Nand
Kishor Ray Resident of Village - Khalikpur, P.S.- Ahiyapur, District -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratneshwar Prasad
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 273, 274
and 34 of the IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of 227.530 litres of liquor from a Bolero vehicle.
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 is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Raja and Ajit in police custody which
Patna High Court CR. MISC. No.12686 of 2026(2) dt.15-04-2026
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does not have any evidentiary value. It is further submitted that
of late police has started implicating accused with criminal
antecedent, in cases relating to Excise for obvious reason
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.
5,000/- (Rupees 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
Dumariyaghat (Dumariaghat) P.S. Case No. 140 of 2020 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 one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.12686 of 2026(2) dt.15-04-2026
3/3
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 one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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