Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Kamlesh Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 70 litres of liquor from two motorcycles. He argued he had no prior criminal record, was not in possession of the liquor, did not own the motorcycles, and the case was based solely on a confessional statement made by an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs. 500 with two sureties, a deposit of Rs. 1,500 to the High Court Legal Services Committee, and subject to verification of the petitioner’s antecedent under Section 482(2) of the BNSS. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed after verification. The disposition is a conditional anticipatory bail order pending further verification.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the confessional statement of an accused in police custody provides sufficient basis to deny anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 30
confessional statement
bail conditions
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5178 of 2026
                       Arising Out of PS. Case No.-273 Year-2019 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Kamlesh Yadav Son of Puna Yadav Resident of Village- Kanaudi, P.S.-
                 Wazirganj in the District of Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Braj Nandan Kumar Tiwary
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026               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 is a person with clean antecedent and allegation is of

                   recovery of 70 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 apprehended-accused in

                   police custody which does not have any evidentiary value.
Patna High Court CR. MISC. No.5178 of 2026(2) dt.02-02-2026
                                            2/3




                   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.

          500/- (Rupees Five Hundred) 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

          Wazirganj P.S. Case No. 273 of 2019, 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 even 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 is a

          person with clean antecedent in that event the provisional

          anticipatory bail order shall be confirmed forthwith.

                   8.     At this stage, the learned counsel for the petitioner

          based on instruction submits that petitioner undertakes to deposit
              Patna High Court CR. MISC. No.5178 of 2026(2) dt.02-02-2026
                                                          3/3




                        an amount of Rs. 1,500/- with Patna High Court Legal Services

                        Committee, Patna within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

Continue reading with your account

Checking your session…