Patna High Court
Surendra Yadav @ Surendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bond and surety conditions, pending verification of his criminal antecedent.
Summary
The petitioner, Surendra Yadav, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of large quantities of liquor and a seized motorcycle. He argued that he was not caught in possession, had no ownership of the vehicle, and was implicated solely on a confessional statement made by Chandrakala Devi while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, emphasizing the petitioner’s antecedent of eight prior cases, six of which relate to excise offences. The Court considered whether the petitioner’s alleged lack of direct involvement and the questionable basis of the police investigation justified anticipatory bail. It ordered provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 40,000 with two sureties and appear before the trial court within six weeks. The order further stipulated that if the trial court later discovers more than eight prior cases, the bail would not be confirmed, but if the antecedent is exactly eight cases, the provisional bail would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in excise offences and a substantial criminal antecedent.
- Whether a confessional statement made in police custody, without corroboration, can form the basis for implicating the petitioner.
- Whether the conditions imposed under Section 482(2) of the BNSS justify granting provisional anticipatory bail pending verification of antecedents.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- criminal antecedent
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42731 of 2026
Arising Out of PS. Case No.-148 Year-2026 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Surendra Yadav @ Surendra Kumar Yadav S/o Bindeshwari Yadav @
Vindeshwari Yadav R/O Village - Bahorwa, P. S - Kusheshwar Asthan,
District -Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
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
petitioner has antecedent of eight cases out of which six cases
are under the Excise Act and allegation is of recovery of 259.2
liters of liquor from a field and a motorcycle was seized along
with 2689.71 liters of liquor from hut of Chandrakala Devi.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
Patna High Court CR. MISC. No.42731 of 2026(2) dt.02-07-2026
2/3
owner of the seized vehicle and he has no concern or relation
with Chandrakala Devi and came to be implicated based on
confessional statement of Chandrakala Devi in police custody
which does not have any evidentiary value. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
40000/- (Rupees Forty 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
Kusheshwar Asthan P.S. Case No. 148 of 2026 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 more than
Patna High Court CR. MISC. No.42731 of 2026(2) dt.02-07-2026
3/3
eight cases 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 has antecedent of eight cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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