Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is warranted where the petitioner lacks possession of the contraband and the accusation rests solely on a co‑accused's confession, subject to Section 482(2) conditions.
Summary
Vijay Yadav applied for anticipatory bail after being implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for the alleged seizure of 2025 litres of illicit liquor from a truck. He asserted that he neither owned nor drove the truck and that no incriminating material was found in his possession, contending that the only basis for his accusation was the confessional statement of a co‑accused arrested at the scene. The State opposed the bail, citing the seriousness of the offence. The Court examined the nature of the accusation, the place of recovery, and the lack of direct evidence against the petitioner, and held that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act
- Whether reliance on a co‑accused's confession suffices to justify arrest without direct possession evidence
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- confession of co‑accused
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43684 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- Parmanandpur District- Madhepura
======================================================
Vijay Yadav S/O Sri Mahendra Yadav @ Mahendra Prasad Yadav R/O Vill.-
Sisai, Ward no. 13, P.s .and Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam, Advocate
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026
Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 30(a) and 41 of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 2025 liters illicit
liquor was recovered from the truck bearing registration no.
UP12CT4528.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither owner nor the
driver of the seized truck. Petitioner has got no concern with the
alleged recovery and he has been made accused in this case
merely on the basis of confessional statement of co-accused
who was apprehended on the spot. Petitioner has got one
criminal antecedent of other nature in which he is on bail.
Patna High Court CR. MISC. No.43684 of 2026(2) dt.08-07-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the nature of accusation, place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-VII-cum-Special Judge Excise-I,
Madhepura in connection with Parmanandpur P. S. Case No. 52
of 2026, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.