Patna High Court
Ramayodhya YadavversusThe state of bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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