Patna High Court
Mahesh Yadav @ Mahesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedents.
Summary
Mahesh Yadav applied for anticipatory bail after learning that he might be arrested in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018/2022 for alleged recovery of 970.200 litres of liquor. He argued that he was not arrested on the spot, no liquor was seized from his possession, he is not the owner of the vehicle, and the case is based on a confessional statement of an accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.40,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing verification of his criminal antecedents. The court stipulated that if more than eight prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in excise offences and prior criminal antecedents
- Whether the confessional statement of an accused in police custody can form a basis for arrest and denial of bail
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70960 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Mahesh Yadav @ Mahesh Kumar Yadav S/O Mohan Yadav Resident of
Village- Vikramrahi, Ward No.10, Police Station- Choghardiha District-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a), 32(1), 32(3),
41(1) and 41(2) of Bihar Prohibition and Excise (Amendment)
Act, 2018/2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of eight cases out of which six cases
are under the Excise Act and allegation is of recovery of
970.200 litres of liquor from a truck. It is next submitted 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 and he came to be implicated based on
Patna High Court CR. MISC. No.70960 of 2025(3) dt.07-01-2026
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confessional statement of apprehended accused 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.40,000/- (Rupees Forty Thousand) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Excise Act, Jhanjharpur, District Madhubani in
connection with Excise Jhanjharpur P.S. Case No.105 of 2025,
giving rise to G.O. No.-254 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.70960 of 2025(3) dt.07-01-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than eight 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 antecedents of only eight cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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