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Patna High Court

Subodh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

Petitioner Subodh Yadav applied for anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 103.200 litres of liquor were recovered from two motorcycles not owned by him. He argued that the seizure was not from his conscious possession and that his implication stemmed solely from a confessional statement of another accused, which he claimed lacks evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged seizure and his criminal antecedent.
  • Whether the confessional statement of another accused can form a basis for implicating the petitioner.
  • Whether the lack of conscious possession of the seized liquor affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 438 Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2751 of 2026
                   Arising Out of PS. Case No.-399 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Subodh Yadav S/O Jata Yadav R/O Village- Narayanpur, P.S- Bairiya, Distt.-
                 West Champaran
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Ms. Sucheta Yadav, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 103.200 litres of liquor from two

                   motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated based on the confessional statement of

                   apprehended accused, namely, Abhishek Kumar in police
Patna High Court CR. MISC. No.2751 of 2026(2) dt.17-01-2026
                                            2/3




          custody which does not have any evidentiary value in the eye of

          law. It is next submitted that once an accused is implicated in a

          case relating to excise the police start implicating mechanically

          either at the instance of the Chawkidar, local person,

          confessional statement or secret information without holding a

          proper investigation of the case.

                       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, let 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.5,000/- (Rupees 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 Bairiya

          P.S. Case No. 399 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.2751 of 2026(2) dt.17-01-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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