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Patna High Court

Radhey Shyam YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted under Section 438 CrPC despite the petitioner’s prior cases, provided the evidentiary basis is weak and the bail is subject to verification of antecedent and other conditions.

Summary

Radhey Shyam Yadav applied for anticipatory bail in a case under Sections 30(a) and 41(1) of the Excise Act for alleged recovery of 1,128 litres of liquor from two vehicles. He has six prior criminal cases, five of which are also under the Excise Act, and claims he was not arrested at the spot and had no possession of the liquor. The prosecution’s case relies mainly on a confessional statement made by a co‑accused, Neeraj, while in police custody, which the petitioner argues lacks evidentiary value. The High Court examined these submissions and, noting the weak evidentiary basis and the petitioner’s lack of immediate arrest, directed that provisional anticipatory bail be granted subject to bail bonds and two sureties. The order also conditions confirmation of bail on verification that the petitioner’s criminal antecedent does not exceed six cases; otherwise the bail may be withdrawn. Consequently, the anticipatory bail application was allowed with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the accused has multiple prior cases and the primary evidence is a confessional statement made in police custody.
  • Whether a confessional statement made in police custody has evidentiary value for the purpose of granting bail.
  • Whether the court may impose conditions such as verification of the accused’s criminal antecedent before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • confessional statement
  • criminal antecedent
  • Section 438 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40345 of 2026
                  Arising Out of PS. Case No.-159 Year-2025 Thana- GAUNAHA District- West Champaran
                 ======================================================
                 Radhey Shyam Yadav son of Rama Yadav Resident of Village -Paliya
                 Fulwariya, Police Station- Ram Nagar, District -West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kr Singh No. 1
                 For the Opposite Party/s :      Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  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 30(a) and 41(1) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of six cases out of which five cases

                   are under the Excise Act and allegation is of recovery of 1128

                   litres of liquor from two different vehicles.

                                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 vehicle and he came to be implicated based on

                   confessional statement of Neeraj in police custody, which does
Patna High Court CR. MISC. No.40345 of 2026(2) dt.30-06-2026
                                            2/3




          not have any evidentiary value. It is next submitted that police

          in majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation. It is further submitted that petitioner in

          similar manner earlier also came to be implicated in cases

          relating to excise.

                       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.30,000/- (Rupees Thirty 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 Gaunaha P. S. Case No.159 of 2025, 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
               Patna High Court CR. MISC. No.40345 of 2026(2) dt.30-06-2026
                                                           3/3




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

                         found that petitioner has antecedent of more than six cases, then

                         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 six cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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