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Patna High Court

Sanjay Yadav @ Prince Prakash @ Sanjay Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of antecedents, under Section 482(2) of the BNSS.

Summary

The petitioner, Sanjay Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 2.160 litres of liquor from a scooty. He argued that he was not the owner of the scooty, nothing was recovered from his possession, and the case was based on a confessional statement made by Sunny in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made in police custody has evidentiary value for granting bail.
  • Whether ownership of the seized scooty is relevant to the grant of anticipatory bail.
  • Whether the trial court can condition anticipatory bail on verification of the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • confessional statement
  • ownership of seized vehicle
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44163 of 2026
                        Arising Out of PS. Case No.-102 Year-2026 Thana- Benta District- Darbhanga
                 ======================================================
                 Sanjay Yadav @ Prince Prakash @ Sanjay Kumar Yadav S/o Baidyanath
                 Yadav @ Baidhnath Yadav R/o Village - Shahaganj Benta, P.S - Benta,
                 District - Darbhanga

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gagan Deo Yadav, Adv
                                                   Mr. Vinod Kumar, Adv
                                                   Mr. Rohit Kant Singh, Adv
                                                   Mr.Ravi Prakash
                 For the Opposite Party/s :        Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026               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 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 2.160 litres of liquor from a Scooty.

                             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

                   the seized scooty and he came to be implicated based on
Patna High Court CR. MISC. No.44163 of 2026(2) dt.07-07-2026
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          confessional statement of Sunny in police custody which does

          not have any evidentiary value.

                   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.

          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 Benta

          P.S. Case No. 102 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 one case 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 one
              Patna High Court CR. MISC. No.44163 of 2026(2) dt.07-07-2026
                                                          3/3




                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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