Patna High Court
Pawan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pawan Kumar Yadav, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 324 litres of liquor from a location adjacent to his house. He argued that nothing was seized from his possession and the case was based solely on a confessional statement of a co‑accused taken in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence and the petitioner’s criminal antecedent of nine prior cases, eight of which were excise matters. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 45,000 with two sureties and directed the trial court to verify the petitioner’s antecedent within six weeks. The order stipulated that if more than nine prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged offence under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of Naresh recorded in police custody can be relied upon as evidence.
- Whether the police investigation was conducted properly and the petitioner’s criminal antecedent warrants denial of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
- confessional statement
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.698 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- FULKAHA District- Araria
======================================================
Pawan Kumar Yadav S/O Chanardeo Yadav Resident of village - Manikpur,
Ward No. 12, Police Station - Fulkaha, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of nine cases out of which eight cases
are under the excise act and allegation is of recovery of 324
liters of liquor from a place behind the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
but then is adjacent to his house and he came to be implicated
Patna High Court CR. MISC. No.698 of 2026(2) dt.15-01-2026
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based on confessional statement of Naresh in police custody
which does not have any evidentiary value. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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, 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.
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
Fulkaha P.S. Case No. 107 of 2025 subject to the conditions as
laid down under Section 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
in the event if it is found that petitioner has antecedent of more
than nine cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.698 of 2026(2) dt.15-01-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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