Patna High Court
BITTU KUMAR YADAV @ BITTU KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Bittu Kumar Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 7,555.68 litres of liquor. The petitioner claimed a clean antecedent and argued that the allegation was based solely on a confessional statement of a co-accused made in police custody, which he contended lacked evidentiary value. The State opposed the bail, but the court considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent. The court stipulated that if any prior case is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The petitioner also undertook to deposit Rs.15,00 with the Advocates’ Association, Patna High Court.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to the petitioner accused under Section 30(a) of the Excise Act.
- Whether a confessional statement of a co-accused made in police custody can form a basis for denying anticipatory bail.
- Whether the petitioner’s clean criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- confessional statement
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2819 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Bittu Kumar Yadav @ Bittu Kumar S/O- Vijay Kumar R/V- Vasdeopur Ps-
Bariyarpur Dist- Munger, A/P- Tej Pratap Nagar Ps- Beur Dist- Patna
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shovendra Kumar
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 7555.68 litres of liquor from two auto.
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
any of the seized auto and he came to be implicated based on
confessional statement of Suraj in police custody, which does
not have any evidentiary value.
Patna High Court CR. MISC. No.2819 of 2026(2) dt.28-01-2026
2/3
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.500/- (Rupees Five Hundred) 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
Didarganj P. S. Case No.369 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
found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the
Patna High Court CR. MISC. No.2819 of 2026(2) dt.28-01-2026
3/3
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.15,00/- with
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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