Patna High Court
Satrudhan Kumar Yadav @ Satrudhan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions under Section 438(2) CrPC.
Summary
The petitioner, Satrudhan Kumar Yadav, was implicated in a case involving the alleged recovery of 468 litres of liquor from four motorcycles, alleged offences under IPC sections 272, 273, 414 and 34 and Section 30(a) of the Excise Act. He had not been arrested at the spot and no liquor was found in his possession; the allegation rested on a confessional statement of another accused in police custody. The petitioner, claiming a clean antecedent, applied for anticipatory bail. The Court examined the lack of direct evidence, the petitioner’s claim of no ownership of the seized vehicles, and the questionable evidentiary value of the co‑accused’s confession. Relying on Section 438(2) of the CrPC, the Court granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, verification of antecedents, and a deposit of Rs.1500 with the Lawyers’ Association. The order stipulated that if any prior case is found, the bail would be cancelled; otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC.
- Whether the confessional statement of a co‑accused in police custody provides sufficient basis to deny bail.
- Whether the petitioner’s alleged clean antecedent warrants bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273, 34, 414
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC sections 272,273,414,34
- Excise Act Section 30(a)
- clean antecedent
- confessional statement
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2038 of 2026
Arising Out of PS. Case No.-143 Year-2023 Thana- KHAJAULI District- Madhubani
======================================================
Satrudhan Kumar Yadav @ Satrudhan Kumar Son of Baleshwar Yadav R/O
village - Mahua, Ekdara, Police Station - Khajauli, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
Ms.Archana Anand
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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
Sections 272, 273, 414 and 34 of the I.P.C. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 468 litres of liquor from four different
motorcycles.
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 is not the owner of
Patna High Court CR. MISC. No.2038 of 2026(2) dt.27-01-2026
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any of the seized vehicle and he came to be implicated based on
confessional statement of apprehended accused in police
custody, which does not have any evidentiary value.
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.500/- (Rupees Five Hundred) 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
Khajauli P. S. Case No.143 of 2023, 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.2038 of 2026(2) dt.27-01-2026
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in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Lawyers’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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