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Patna High Court

Prahlad YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Prahlad Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. He argued that he has a clean antecedent, was not in possession of the seized motorcycles, and that the only evidence against him is a confessional statement of co‑accused Shivam Kumar made while in police custody, which he contended lacks evidentiary value. The State opposed the bail, asserting the seriousness of the narcotics and excise allegations. The Court considered the submissions and, noting the amendment to the Excise Act that removed the doctrine of deemed possession, 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 criminal antecedent. The order further stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, the provisional bail would be confirmed. Consequently, the application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged narcotics and excise offences.
  • Whether a confessional statement of a co‑accused made in police custody can be relied upon to deny bail.
  • Whether the amendment to the Excise Act, 2018, eliminating the concept of deemed possession, affects the grant of anticipatory bail.
  • Whether the petitioner’s criminal antecedent influences the continuance of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • narcotics offence
  • excise offence
  • confessional statement
  • clean antecedent
  • provisional bail
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33532 of 2026
                      Arising Out of PS. Case No.-52 Year-2026 Thana- LADANIA District- Madhubani
                 ======================================================
                 Prahlad Yadav S/O Ram Hirday Yadav R/O Village- Chiknotaba, P.S.-
                 Ladaniya, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gagan Deo Yadav
                                                  Mr.Rajesh Kumar
                                                  Mr.Ravi Prakash
                 For the Opposite Party/s :       Mr.Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                   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 is a person with clean antecedent and allegation is

                   of recovery of 115.8 from two motorcycles.

                                 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 motorcycle and he came to be implicated
Patna High Court CR. MISC. No.33532 of 2026(2) dt.14-05-2026
                                            2/3




          based on confessional statement of Shivam Kumar in police

          custody which does not have any evidentiary value. It is also

          submitted that after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with.

                       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

          Ladaniya P. S. Case No.52 of 2026, 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
               Patna High Court CR. MISC. No.33532 of 2026(2) dt.14-05-2026
                                                           3/3




                         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

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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