Patna High Court
Vijay Yadav @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to surrender, bond, sureties and verification of his criminal antecedent.
Summary
Vijay Yadav applied for anticipatory bail after a case was registered against him under Section 317(5) of the BNS and Section 30(a) of the Bihar Excise Act for alleged recovery of 22.55 litres of liquor from two motorcycles. He argued that he was not arrested at the spot, had no possession of the liquor, was not the owner of the motorcycles, and was implicated solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court, considering the petitioner's submissions, granted provisional anticipatory bail on the condition that he surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. The order also stipulated that if more than two prior cases are found, the bail would be cancelled, whereas confirmation would follow if only two antecedent cases are verified.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS despite alleged involvement in excise offences and prior criminal antecedents
- Whether a confessional statement made by another accused in police custody can form the basis for implicating the petitioner
Legislation cited
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances (BNS) Act — s. 317(5)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43275 of 2026
Arising Out of PS. Case No.-603 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Vijay Yadav @ Vijay Kumar S/O Lalan Yadav R/o Village- Khalawa Tola,
P.S.- Phulwariya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
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.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 317(5) of
BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 22.55 litres of liquor from two
motorcycles.
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 is not the owner of
any of the seized motorcycles and he came to be implicated
based on confessional statement of Aashik in police custody
Patna High Court CR. MISC. No.43275 of 2026(2) dt.02-07-2026
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which does not have any evidentiary value. It is further
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. 10,000/- (Rupees
Ten 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 Bhore P.S. Case No.
603 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 more than two
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
Patna High Court CR. MISC. No.43275 of 2026(2) dt.02-07-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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