Patna High Court
Durgesh Yadav @ Durgesh Kumar Yadav @ Durgesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.5,000 with two sureties.
Summary
The petitioner, Durgesh Yadav, applied for bail in a criminal case (Criminal Miscellaneous No.41460 of 2026) involving alleged offences under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Excise Act, relating to the recovery of large quantities of liquor. He had been in custody since 1 December 2025 and had seven prior cases, five under the Excise Act. The petitioner argued that he was not arrested at the scene, had no possession of the seized vehicles, and that the case against him was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed bail. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount, and the bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S. and Excise Act.
- Whether the confessional statement of a co-accused made in police custody can be relied upon as evidence.
- Whether the petitioner’s lack of possession of the seized liquor and vehicles warrants bail.
Legislation cited
- B.N.S. — s. 274, 275, 3(5)
- Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- confessional statement
- excise law
- narcotic law
- evidentiary value
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41460 of 2026
Arising Out of PS. Case No.-393 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Durgesh Yadav @ Durgesh Kumar Yadav @ Durgesh Kumar S/o Sunil Yadav
@ Sunil Kumar Yadav R/o Village - Bishanpur, P.S - Ladania, District -
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 274, 275 and 3(5) of the
B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 01.12.2025 and has antecedent
of seven cases out of which five cases are under the Excise Act
and allegation is of recovery of 216 litres of liquor from a
motorcycle and 540 litres of liquor from a car.
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
Patna High Court CR. MISC. No.41460 of 2026(2) dt.03-07-2026
2/2
any of the seized vehicle and he came to be implicated based on
confessional statement of Jai Prakash in police custody which
does 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.
5. Learned A.P.P. Sri Rabindra Kumar opposes the
bail application.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Ladania P. S. Case No.393 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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