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Patna High Court

Radhe Yadav @ Radhe SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Radhe Yadav, feared arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 25.6 litres of liquor from a public riverbank, with no possession found on him. He argued he has a clean antecedent and the recovery was based solely on a confessional statement made by another accused in police custody, which lacks evidentiary value. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties and subject to verification of the petitioner’s criminal antecedent. The court directed that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of an accused in police custody can form the basis for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • clean antecedent
  • confessional statement
  • Section 30
  • Section 482
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40675 of 2026
                       Arising Out of PS. Case No.-327 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Radhe Yadav @ Radhe Singh S/o Vijay Singh R/o Kalbariya, P.S.-
                 Khushrupur, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Bihari Singh
                 For the Opposite Party/s :       Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026               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 is a person with clean antecedent and allegation is of

                   recovery of 25.6 litres of liquor from a place near bank of river

                   Ganga concealed in sacks.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.40675 of 2026(2) dt.24-06-2026
                                            2/3




          based on 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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Salimpur P.S. Case No. 327 of 2025 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 even

          one case 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 is a person with clean

          antecedent in that event the provisional anticipatory bail order
              Patna High Court CR. MISC. No.40675 of 2026(2) dt.24-06-2026
                                                          3/3




                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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