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Patna High Court

Ritik Yadav @ TaklaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.18672 of 2026(2) dt.16-04-2026
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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
               Patna High Court CR. MISC. No.18672 of 2026(2) dt.16-04-2026
                                                           3/3




                         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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