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Patna High Court

Vikky Yadav @ Rahul Kumar @ Rahul Kumar @ Vikky YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Vikky Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging violation of Section 30(a) of the Excise Act for the alleged recovery of 870.120 litres of liquor from a tractor. He contended that he was not arrested at the scene, had no possession of the seized liquor, was not the owner of the tractor, and that the case was based solely on a confessional statement made by Sonu Rishi while in police custody, which he argued lacks evidentiary value. The State opposed the bail, highlighting the petitioner’s antecedent of nine prior cases, eight of which are under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.45,000 with two sureties, subject to verification of his criminal antecedents by the trial court. The order stipulated that if the trial court finds more than nine prior cases, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the petitioner has multiple prior criminal cases and is alleged to be involved in a large liquor seizure under the Excise Act.
  • Whether a confessional statement made in police custody, lacking corroborative evidence, can be a basis to deny anticipatory bail.
  • Whether concealment of the extent of prior criminal antecedents affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • confessional statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65531 of 2025
                         Arising Out of PS. Case No.-159 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
                 Vikky Yadav @ Rahul Kumar @ Rahul Kumar @ Vikky Yadav S/O Uma
                 Kant Yadav @ Dilip Kumar Singh R/O Village- Belwa Kamat, P.S- Muffasil,
                 District- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. N. K. Agrawal- Sr. Advocate
                                                    Mr. Ram Prawesh Kumar
                 For the Opposite Party/s :         Mr. Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                   1. Heard learned senior 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 senior counsel for the petitioner

                   submits that the petitioner has antecedent of nine cases out of

                   which eight cases are under the Excise Act and allegation is of

                   recovery of 870.120 litres of liquor from a tractor.

                                 4. The learned senior 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 tractor and he came to be implicated
Patna High Court CR. MISC. No.65531 of 2025(3) dt.07-01-2026
                                            2/3




          based on confessional statement of Sonu Rishi 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. 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.45,000/- (Rupees Forty Five 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 Mufassil P. S. Case No.159 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.65531 of 2025(3) dt.07-01-2026
                                                           3/3




                         found that petitioner has antecedent of more than nine 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 nine cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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