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Patna High Court

Vishnu Yadav @ Vishnu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.

Summary

Vishnu Yadav applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 318(4) and 317(5) of the B.N.S., 2023, alleging recovery of 40 litres of liquor from a scooty. He contended that he was not in possession of the scooty, was not its owner, and was implicated solely on a confessional statement made by another accused in police custody, which he argued lacks evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing verification of his criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would be withdrawn; otherwise, it would be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Advocates’ Association, Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
  • Whether a confessional statement of another accused, made in police custody, can be the sole basis for implicating the petitioner.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • bail bond
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3583 of 2026
                    Arising Out of PS. Case No.-229 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Vishnu Yadav @ Vishnu Kumar S/O Shiv Jee Yadav Resident of Village-
                 Kosik Dularpur, P.S.- Ara Muffasil, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act as well as Sections 318(4) and

                   317(5) of B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 40 litres of liquor from a Scooty. It is

                   next submitted 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 Scooty and came to be implicated

                   based on confessional statement of Narendra Kumar Singh in

                   police custody, which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.3583 of 2026(2) dt.29-01-2026
                                            2/3




          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Court No. 1st, Bhojpur at Ara in connection with

          Ara Mufassil P.S. Case No.229 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then
               Patna High Court CR. MISC. No.3583 of 2026(2) dt.29-01-2026
                                                           3/3




                         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 only one case, 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.2500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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