Patna High Court
Ranu Yadav @ Ranu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedent, with bond and surety conditions, and will be confirmed only if the antecedent does not exceed the prescribed limit.
Summary
The Patna High Court entertained anticipatory bail applications filed by Ranu Yadav and Azad Yadav, who feared arrest in cases registered under Sections 111(i) and 111(ii) of the Bihar Narcotic Substances Act read with Sections 30(a), 36 and 41(2) of the Bihar Prohibition and Excise Act. Both petitioners claimed they were not caught in possession of liquor and were implicated solely on a confessional statement made by a third person in police custody, which they argued lacked evidentiary value. The State opposed the bail, while the petitioners highlighted that the criminal antecedent report was still pending. The Court, refusing to wait indefinitely for the report, granted provisional anticipatory bail subject to a cash bond, two sureties and verification of the petitioners' criminal antecedents within six weeks. It further stipulated that if the antecedent exceeds the prescribed limit (two cases for the first petitioner, four for the second), the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in offences under the Bihar Narcotic Substances Act and Bihar Prohibition and Excise Act.
- Whether the absence of a criminal antecedent report precludes the grant of anticipatory bail.
- Whether a confessional statement of a third person in police custody can constitute sufficient basis for accusation.
- What conditions may be imposed on provisional anticipatory bail pending verification of antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(i), 111(ii), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 36, 41(2)
Subjects
- anticipatory bail
- criminal antecedent
- confessional statement
- excise law
- Section 482
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20461 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia
======================================================
Ranu Yadav @ Ranu Kumar Yadav Son of Anand Prasad Yadav R/O Vill.- Oli
Tola, ward no. 8 P.S.- Maranga, District- Purnea. At Permanent Address
Dighri Dighrisalempur P.S.- Korha, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20826 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia
======================================================
Azad Yadav Son of Binod Yadav R/v- Maranga West W.No-8, Maranga Dist-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 20461 of 2026)
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Renuka Ratnakar
(In CRIMINAL MISCELLANEOUS No. 20826 of 2026)
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Renuka Ratnakr (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-07-2026 CRIMINAL MISCELLANEOUS No. 20461 of 2026
1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.20461 of 2026(3) dt.03-07-2026
2/6
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 111(i),
111(ii) of the BNS read with Sections 30(a), 36, 41(2) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that by
order dated 08.04.2026 passed by a learned Co-ordinate Bench,
the case diary and criminal antecedent report were called for
and the case diary has been received, but the criminal antecedent
report is still awaited.
4. The Court will not wait endlessly for the criminal
antecedent report of the petitioner.
5. It is next submitted petitioner has antecedent of
two cases under the Excise Act and allegation is of recovery of
1075. 68 liters of liquor from a parcel vehicle.
6. 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 the seized vehicle and came to be implicated based on
confessional statement of Ajit 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
Patna High Court CR. MISC. No.20461 of 2026(3) dt.03-07-2026
3/6
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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.
10,000/- (Rupees Ten 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
Champanagar P.S. Case No. 27 of 2026 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
9. 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
than two 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 two
Patna High Court CR. MISC. No.20461 of 2026(3) dt.03-07-2026
4/6
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
CRIMINAL MISCELLANEOUS No. 20826 of 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 111(i),
111(ii) of the BNS read with Sections 30(a), 36, 41(2) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that by
order dated 08.04.2026 passed by a learned Co-ordinate Bench,
the case diary and criminal antecedent report were called for
and the case diary has been received, but the criminal antecedent
report is still awaited.
4. The Court will not wait endlessly for the criminal
antecedent report of the petitioner.
5. It is next submitted petitioner has antecedent of
four cases under the Excise Act and allegation is of recovery of
1075. 68 liters of liquor from a parcel vehicle.
6. 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
Patna High Court CR. MISC. No.20461 of 2026(3) dt.03-07-2026
5/6
owner of the seized vehicle and came to be implicated based on
confessional statement of Ajit 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.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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
Champanagar P.S. Case No. 27 of 2026 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
9. 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.20461 of 2026(3) dt.03-07-2026
6/6
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)
Nitesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.