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Patna High Court

Vinod Kumar Yadav @ Vinod RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent.

Summary

Vinod Kumar Yadav sought anticipatory bail after a case was registered against him under Sections 274 and 275 of the Bihar Non‑Commercial Sale Act and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 1,000 litres of liquor in a Bolero pick‑up. The petitioner argued that he was not arrested on the spot, had no conscious possession of the liquor, was not the vehicle’s owner, and that the only evidence against him was a confessional statement made by another person, Rakesh, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under Sections 274, 275 BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of a co‑accused made in police custody can be the sole basis for denying anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • liquor seizure
  • confessional statement
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Bihar Non‑Commercial Sale Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42506 of 2026
                    Arising Out of PS. Case No.-212 Year-2025 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
                 Vinod Kumar Yadav @ Vinod Rai S/O Bhuteli Rai R/O Village- Sheikhpura,
                 P.S.- Amnaur, Distt.- Saran.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  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 274 and 275 of the BNS

                   as well as Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1000 litres of liquor from a Bolero Pick-Up vehicle.

                                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 the seized vehicle and came to be

                   implicated based on the confessional statement of Rakesh in police

                   custody which does not have any evidentiary value in the eye of law.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.42506 of 2026(2) dt.01-07-2026
                                                       2/2




                                  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.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 Deoriya P.S. Case No. 212 of 2025, 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 even one case, it would

                     be presumed that petitioner had concealed his antecedent before this

                     Court at para 3 of the anticipatory bail application in that event the

                     provisional anticipatory bail order shall not be confirmed but if it is

                     found on verification that petitioner is a person with clean antecedent

                     in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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