Created by Fuzzy Cloud

Patna High Court

Birendra Yadav @ Birendra Singh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

Birendra Yadav applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of nine litres of liquor. The petitioner argued that the liquor was recovered from a public place, not from his possession, and the case was based on a confessional statement of Rita made while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The court clarified that if more than one prior case is found, the provisional bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act.
  • Whether a confessional statement made by an accused in police custody can be the basis for denying anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17074 of 2026
                        Arising Out of PS. Case No.-545 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Birendra Yadav @ Birendra Singh Yadav Son of Late Bihari Yadav @ Shyam
                 Bihari Yadav Resident of Village - B.C. Kala, P.S.- Dinara, District - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mithilesh Kumar Singh
                 For the Opposite Party/s :        Mr.Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 09 litres of liquor from a bush

                   near a pond.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

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

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.17074 of 2026(2) dt.17-03-2026
                                            2/3




          based on confessional statement of Rita in police custody, which

          does not have any evidentiary value and petitioner has no

          concern or relation with Rita Devi.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Dinara P. S. Case No.545 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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

          obtaining anticipatory bail had concealed his antecedent before
               Patna High Court CR. MISC. No.17074 of 2026(2) dt.17-03-2026
                                                           3/3




                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.