Patna High Court
Akash Yadav @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, with verification of antecedent to determine final confirmation.
Summary
The petitioner, Akash Yadav, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was implicated based on a confessional statement made by another person in police custody and that no liquor was recovered from his possession. The petitioner argued that he was not the owner of the seized vehicle and that the confessional statement lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the petitioner deposit Rs.2,500 with the Lawyers’ Association. The order also directed the trial court to verify the petitioner’s criminal antecedent and to confirm the bail only if he has a single prior case; otherwise the bail would not be confirmed. The bail is granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 Cr.P.C. in view of the alleged involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Does the confessional statement made by Sharavan Kumar Yadav in police custody constitute sufficient basis to deny anticipatory bail?
- Should the petitioner’s prior criminal antecedent affect the confirmation of the provisional anticipatory bail?
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4334 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- NAUTAN District- Siwan
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Akash Yadav @ Akash Kumar Son of Kamlesh Yadav @ Kamlesh Chaudhary
Resident of Village - Sirsiya, P.S. - Nautan, District -. Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 72 litres of liquor from a motorcycle.
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 Sharavan
Kumar Yadav in police custody which does not have any
evidentiary value in the eye of law. It is next submitted that once
Patna High Court CR. MISC. No.4334 of 2026(2) dt.31-01-2026
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an accused is implicated in a case relating to excise the police
start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let 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.5,000/- (Rupees Five 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 Nautan
P.S. Case No. 285 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than 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
Patna High Court CR. MISC. No.4334 of 2026(2) dt.31-01-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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