Created by Fuzzy Cloud

Patna High Court

Ramayodhya YadavversusThe state of bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bond conditions and verification of the petitioner’s criminal antecedents.

Summary

Ramayodhya Yadav sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act, alleging recovery of 25,800 litres of liquor from a motorcycle linked to persons named Prince and Himanshu. He contended that he was not caught in possession, did not own the seized vehicle, and had no connection with the other accused, arguing that the case was based on a confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if two or fewer, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act case.
  • Whether a confessional statement made by an accused in police custody is admissible as evidence.
  • Whether the petitioner’s alleged lack of ownership of the seized vehicle and absence of possession affect bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • confessional statement
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37409 of 2026
                     Arising Out of PS. Case No.-178 Year-2026 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Ramayodhya Yadav S/O Raj bihari Yadav @ Rajbihari Chaudhari Resident of
                 Vill.- Kharouni Tola Mahui, P.S - Mirganj,Dist- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The state of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Naresh Prasad
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 25.800 litres of liquor from a

                   motorcycle and from possession of Prince and Himanshu.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and petitioner has no concern or relation with

                   Prince and Himanshu and he came to be implicated based on
Patna High Court CR. MISC. No.37409 of 2026(2) dt.16-06-2026
                                            2/3




          confessional statement of apprehended-accused in police

          custody which does not have any evidentiary value.

                   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, 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.

          10,000/- (Rupees Ten 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 Mirganj

          P.S. Case No. 178 of 2026, subject to the conditions as laid

          down under Section 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

          in the event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after

          verification if it is found that petitioner has antecedent of two
              Patna High Court CR. MISC. No.37409 of 2026(2) dt.16-06-2026
                                                          3/3




                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.