Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sanjay Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 162 litres of liquor were allegedly recovered from a motorcycle. He argued that he was not in possession of the seized vehicle, was not arrested at the spot, and the case was based solely on a confessional statement of a co-accused, which he claimed lacked evidentiary value. The State opposed the bail, highlighting the petitioner’s antecedent of four prior Excise cases. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.20,000 bond, two sureties, and verification of his criminal antecedent by the trial court. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act.
- Whether the confessional statement of a co-accused can be the sole basis for denying anticipatory bail.
- Whether the petitioner’s prior criminal antecedent of four cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- confessional statement
- criminal antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53572 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- NAUTAN District- Siwan
======================================================
Sanjay Yadav S/o Subhash Yadav @ Subhash Yadav Resident Of Village-
Chitmath, P.S- Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 162 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Ayush in police custody, which does
Patna High Court CR. MISC. No.53572 of 2025(4) dt.23-02-2026
2/3
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation. It is also submitted that petitioner earlier
in similar manner also came to be implicated.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.20,000/- (Rupees Twenty 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.56 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.53572 of 2025(4) dt.23-02-2026
3/3
found that petitioner has antecedent of more than four cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…