Patna High Court
Shyam YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Shyam Yadav applied for anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging he was involved in the recovery of 190 litres of liquor from a public cremation ghat. The petitioner argued that he was not arrested at the scene, the liquor was not in his possession, and the case was based solely on a confessional statement made in police custody, which he claimed lacks evidentiary value. The State opposed the bail, citing the seriousness of the offence and the petitioner’s three prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a deposit of Rs.2,500 with the Patna High Court Advocate Association, subject to verification of the petitioner’s criminal antecedent within six weeks. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement made in police custody can be the sole basis for arrest and denial of bail.
- Whether the petitioner’s prior criminal antecedent of three excise cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- bail conditions
- criminal antecedent
- Section 30(a)
- Section 438 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3332 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Shyam Yadav S/O Sakaldeep Yadav Resident of Village - Badua, P.S. -
Raghunathpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 190 litres of liquor from cremation
ghat.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large. It is further submitted that
petitioner came to be implicated based on the confessional
Patna High Court CR. MISC. No.3332 of 2026(2) dt.28-01-2026
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statement of apprehended accused in police 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.15,000/- (Rupees Fifteen 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 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
Patna High Court CR. MISC. No.3332 of 2026(2) dt.28-01-2026
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it is found that petitioner has antecedent of more than three
cases, it would be presumed that petitioner had concealed his
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 three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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