Patna High Court
Rasendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent not exceeding five prior cases.
Summary
The petitioner, Rasendra Yadav, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 190 litres of liquor near a cremation ground. He argued that he was not caught in possession, the alleged recovery site was public, and the case was based on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s five prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail subject to a Rs.25,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of possession and reliance on a confessional statement affect the grant of anticipatory bail.
- Whether the petitioner’s prior five excise cases preclude anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24553 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Rasendra Yadav Son of Late Nandji Yadav R/O Vill- Chhitani, Dumari, P.S.-
Raghunathpur, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghwendra Pratap Singh
For the Opposite Party/s : Mr. Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 190 liters of liquor from a place near
a cremation ground.
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 even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.24553 of 2026(2) dt.18-04-2026
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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.
25000/- (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 Raghunathpur P.S. Case No. 268 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.24553 of 2026(2) dt.18-04-2026
3/3
than five 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 five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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