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Patna High Court

SACHIN YADAV @ SACHIN KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sachin Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 512.460 litres of liquor from a Scorpio vehicle. He argued that he was not arrested on the spot, had no possession of the liquor, was not the vehicle's owner, and that the case was based solely on confessional statements of co-accused, which he claimed lacked evidentiary value. The State opposed his prayer for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances alleged
  • Whether confessional statements made by co-accused in police custody have evidentiary value for granting bail
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • confessional statement
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26647 of 2026
                       Arising Out of PS. Case No.-122 Year-2026 Thana- BANIAPUR District- Saran
                 ======================================================
                 SACHIN YADAV @ SACHIN KUMAR Son of Bhola Rai R/o village -
                 Lauwakala, P.S.- Baniapur, District - Saran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bishwajeet Singh
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             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 the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 512.460 litres of liquor from a

                   Scorpio vehicle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Bittu and Nikesh in police custody
Patna High Court CR. MISC. No.26647 of 2026(2) dt.23-04-2026
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          which does not have any evidentiary value. It is further

          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.

          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 Baniapur

          P.S. Case No. 122 of 2026, 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

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.26647 of 2026(2) dt.23-04-2026
                                                          3/3




                        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

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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