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Patna High Court

Kunil Yadav @ Sunil YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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