Patna High Court
Aayendra Yadav @ Yogendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Aayendra Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging recovery of 540 litres of liquor from a Santro car. He argued that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicle, and that the case against him relied on a confessional statement of another accused made while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, highlighting the petitioner’s antecedent of five prior Excise cases. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.25,000 with two sureties and directed verification of the petitioner’s criminal antecedent, stipulating that the bail could be withdrawn if more than five prior cases are found. The order was made subject to the conditions of Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail can be granted despite the seriousness of the offences and the petitioner’s prior criminal record.
- Whether a confessional statement made by a co‑accused in police custody can be the basis for denying anticipatory bail.
- Whether concealment of antecedent cases, if any, affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Narcotic offences
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27525 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
Aayendra Yadav @ Yogendra Kumar Yadav S/o Shiv Kumar Yadav R/o
Village - Kauriyahi, P.S - Laukahi, District - Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 02-07-2026 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 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases under the Excise Act
and allegation is of recovery of 540 litres of liquor from a santro
car.
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
the seized car and he came to be implicated based on
Patna High Court CR. MISC. No.27525 of 2026(3) dt.02-07-2026
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confessional statement of Krishna Kumar Mandal in police
custody which does not have any evidentiary value. It is next
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
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.25,000/- (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 Laukahi P. S. Case No.241 of 2025, 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
Patna High Court CR. MISC. No.27525 of 2026(3) dt.02-07-2026
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found that petitioner has antecedent of more than five cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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