Patna High Court
Radhe Yadav @ Radhe SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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