Patna High Court
Ritik Yadav @ TaklaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the CrPC.
Summary
Ritik Yadav applied for anticipatory bail in a case involving alleged possession of 60.12 litres of illicit liquor and a country-made pistol, alleged under Section 30(a) of the Excise Act, Sections 25(1‑b)a and 26 of the Arms Act and Section 414 IPC. The prosecution’s case rests on a confessional statement of an accomplice in police custody, with no recovery from the petitioner’s conscious possession. The petitioner argued that he was not arrested at the spot, has only two prior cases (less than a co‑accused who was granted bail), and will cooperate with the investigation. The State opposed the bail. The Court, applying Section 438(2) of the CrPC, granted provisional anticipatory bail on condition of bail bonds and sureties, and warned that the trial court may cancel bail if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the Excise Act, Arms Act and IPC.
- Whether the confessional statement of an accomplice in police custody provides sufficient basis to deny bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- Excise Act
- Arms Act
- IPC 414
- Section 438 CrPC
- confessional statement
- police custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18672 of 2026
Arising Out of PS. Case No.-161 Year-2024 Thana- BARAULI District- Gopalganj
======================================================
Ritik Yadav @ Takla S/o- Sanjay Yadav R/v- Rampur Kala Ps- Phulwariya
Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepankar Raj
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 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 Sections 25(1-b)a and 26 of the
Arms Act and Section 414 of the I.P.C.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 60.12 litres of liquor from a
Scorpio vehicle along with a country-made pistol from Bullet
Kumar @ Vikash Kumar.
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 he came to be
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implicated based on confessional statement of Bullet in police
custody, which does not have any evidentiary value. It is further
submitted that similarly situated co-accused Vikash Kumar had
approached this Court seeking anticipatory bail by filing Cr.
Misc. No.89856 of 2024 and the same came to be allowed by an
order dated 02.4.2025 passed by a learned Coordinate Bench. It
is next submitted that Vikash Kumar had antecedent of six cases
whereas petitioner has antecedent of two cases, thus based on
parity the petitioner seeks anticipatory bail. It is also submitted
that petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
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.25,000/- (Rupees Twenty 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 Barauli P. S. Case No.161 of 2024, subject to
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the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation or is not presenting himself as and when required,
the learned trial Court shall be at liberty to cancel the bail bonds
of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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