Patna High Court

Abhinandan Yadav @ Abhinandan Kr.versusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents.

Summary

The petitioner, Abhinandan Yadav, sought anticipatory bail fearing arrest in a case under Section 317(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 75.300 litres of liquor were recovered from a motorcycle not owned by him and that his implication rests solely on a confessional statement of another accused made in police custody. He contended he had a clean antecedent and that the statement lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedents; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the confessional statement of a co-accused made in police custody can be the basis for arrest.
Whether the petitioner can be deemed to be in possession of the seized liquor.

Legislation cited

B.N.S. — s. 317(5)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
confessional statement
possession
liquor seizure
clean antecedent
Section 317
Section 30
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79467 of 2025
                     Arising Out of PS. Case No.-287 Year-2024 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Abhinandan Yadav @ Abhinandan Kr. S/O Ashok Yadav R/O Village-
                 Bibeeganj Tamganj (Ward No.-10), P.S- Raghopur, Distt.- Supaul.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Jha
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                  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 offence punishable under Section 317(5) of the

                   BNS, 2023 and Sections 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 75.300 litres of liquor from a motorcycle. 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 confessional statement of Manish in police custody

                   which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.79467 of 2025(3) dt.23-02-2026
                                                       2/2




                                  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 from today, be released on

                     provisional anticipatory bail on furnishing bail bonds of

                     Rs.500/- (Rupees five hundred) 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

                     Chhatapur P.S. Case No.287/2024, subject to the conditions as

                     laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                                             (Satyavrat Verma, J)
amit/-
U      T

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