Patna High Court
Bulet Yadav @ Bulat YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner with specified bond and conditions.
Summary
Petitioner Bulat Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 65.820 litres of liquor were allegedly recovered from a vehicle he did not own. He argued that he was not arrested on the spot, no liquor was found in his conscious possession, and the case against him relied on a confessional statement made by Lalu Yadav while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.30,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including verification of his criminal antecedents. The order further required the petitioner to deposit Rs.5,000 with the Patna High Court Lawyers’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the confessional statement made in police custody is admissible for the purpose of bail.
- Whether lack of conscious possession and ownership of the seized vehicle affect the bail decision.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5407 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Bulet Yadav @ Bulat Yadav S/o Dharam Yadav @ Dharm Yadav R/o Village-
Dumariya, P.S- Bairiya, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
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 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 six cases out of which three cases
are under the Excise Act and allegation is of recovery of 65.820
litres of liquor from an Alto.
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 Lalu Yadav
in police custody which does not have any evidentiary value in
Patna High Court CR. MISC. No.5407 of 2026(2) dt.02-02-2026
2/3
the eye of law. It is next submitted that once 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.
It is also submitted that in similar manner earlier also, the
petitioner came to be implicated.
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.30,000/- (Rupees Thirty 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
Bairiya P.S. Case No. 295 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
Patna High Court CR. MISC. No.5407 of 2026(2) dt.02-02-2026
3/3
it is found that petitioner has antecedent of more than six cases,
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
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only six cases 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.5,000/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…