Patna High Court
Rahul Kumar Yadav @ Rahul Ku. YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent count.
Summary
The petitioner, Rahul Kumar Yadav, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act for alleged recovery of 270 litres of liquor from two motorcycles. He argued that he was not in possession of the seized vehicles, was not the owner, and that the case was based solely on confessional statements of co‑accused taken in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioner’s criminal antecedent within six weeks. It further directed that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
- Whether the confessional statements of co‑accused, taken in police custody, provide sufficient basis to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (or related) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- excise offence
- confessional statement
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38446 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- FULKAHA District- Araria
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Rahul Kumar Yadav @ Rahul Ku. Yadav S/o Jaynarayan Yadav R/o Village -
Manikpur, Ward No. 08, P.S - Fulkaha, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sharda Kumari, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 Sections 30(a) and
32 of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 270 litres of liquor from two
different motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
Ajay and Nitish in police custody which does not have any
Patna High Court CR. MISC. No.38446 of 2026(2) dt.18-06-2026
2/3
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender 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 Fulkaha P.S.
Case No. 61 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than two
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.38446 of 2026(2) dt.18-06-2026
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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 two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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