Patna High Court
Sarvan Yadav @ Sharvan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated bond and surety conditions.
Summary
The petitioner, Sarvan Yadav, sought anticipatory bail after learning that he might be arrested in a case involving alleged recovery of 792 litres of liquor from six motorcycles, charged under Sections 274, 275, 317(5) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act. He contended that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on the basis of a confessional statement made by another accused in police custody, which he argued lacks evidentiary value. The State opposed the bail, citing his prior four excise cases. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties and ordered verification of his criminal antecedent; if more than four prior cases are found, the bail would not be confirmed. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- What is the appropriateness of granting anticipatory bail when the petitioner is implicated solely on a co-accused's confessional statement?
- Does the petitioner’s prior criminal antecedent of four excise cases affect the grant of anticipatory bail?
- Whether the police investigation, lacking direct seizure from the petitioner, satisfies the requirements for arrest under the cited statutes.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5), 3(5), 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19349 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Sarvan Yadav @ Sharvan Kumar Yadav S/o Sumrit Yadav R/o vill- Chattapur,
PS- Andharamath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 274, 275,
317(5) and 3(5) of the BNS, 2023 read with Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 792 liters of liquor from six different
motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles and came to be implicated
Patna High Court CR. MISC. No.19349 of 2026(2) dt.26-03-2026
2/3
based on confessional statement of apprehended accused in
police custody which does not have any evidentiary value. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information 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.
20,000/- (Rupees Twenty 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
Andhramath P.S. Case No. 164 of 2025 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
Patna High Court CR. MISC. No.19349 of 2026(2) dt.26-03-2026
3/3
than four cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
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 four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…