Patna High Court
Kunil Yadav @ Sunil 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 antecedents.
Summary
Kunil Yadav applied for anticipatory bail in a case under Sections 30(a) and 32 of the Excise Act, alleging recovery of 47.5 litres of liquor and a motorcycle. He argued that he was not arrested on the spot, the seized vehicle does not belong to him, and the only evidence against him is a confessional statement of another accused made in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and verification of his criminal antecedents. The court clarified that if more than two prior cases are found, the bail will not be confirmed; if only two are found, the provisional bail will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code in the present circumstances.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- criminal antecedent
- confessional statement
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54754 of 2025
Arising Out of PS. Case No.-144 Year-2022 Thana- NAYA RAM NAGAR District- Munger
======================================================
Kunil Yadav @ Sunil Yadav S/o Ganesh Yadav R/o Vill- Parsotipur (Jabayat),
P.S.-Hampur, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Kamal Nayan
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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
Sections 30(a) and 32 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and allegation is of
recovery of 47.5 litres of liquor along with 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. It is submitted that the order impugned
inadvertently records that petitioner is the owner of the seized
vehicle. It is also submitted that he came to be implicated based
Patna High Court CR. MISC. No.54754 of 2025(3) dt.06-01-2026
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on confessional statement of apprehended accused Ajit in police
custody, which does 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.
5. Learned A.P.P. Sri Rabindra Kumar 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.10,000/- (Rupees Ten 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 Naya Ramnagar P. S. Case No.144 of 2022, 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.54754 of 2025(3) dt.06-01-2026
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found that petitioner has antecedent of more than two 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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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