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Patna High Court

Hemant @ Hemant Kumar Yadav @ Guddu Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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