Created by Fuzzy Cloud

Patna High Court

Ashok YadawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail as the allegations are prima facie and the confessional statement of the co‑accused lacks evidentiary value.

Summary

The petitioner, Ashok Yadaw, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 69.120 litres of illicit liquor. The FIR linked him to the crime solely on the basis of a confessional statement made by a co‑accused, which the petitioner argued had no evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court examined the submissions, noted the lack of independent evidence against the petitioner and the State’s failure to implement its liquor policy, and held that the petitioner had made out a prima facie case for bail. Accordingly, the Court directed that the petitioner be released on pre‑arrest bail subject to a bond and sureties, and ordered the District Court to verify any prior criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case under the Bihar Prohibition and Excise Act.
  • Whether a confessional statement of a co‑accused, made before police, is admissible as evidence.
  • Whether the State’s failure to implement its liquor policy affects the bail decision.

Legislation cited

Subjects

  • pre‑arrest bail
  • confessional statement
  • evidentiary value
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8193 of 2026
                   Arising Out of PS. Case No.-275 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
                 Ashok Yadaw Son of Ghamandi Yadaw @ Ghamandi Sah Resident of
                 Village- Majhariya (Mazariya), P.S.- Malahi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Karandeep Kumar, Advocate
                 For the Opposite Party/s :       Mr.Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   17-02-2026                        Heard Mr. Karandeep Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Upendra Kumar,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Malahi P.S. Case No. 275 of 2025 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 69.120

                   litres of illicit liquor was recovered from the sacks allegedly

                   thrown by the petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Name of the petitioner has

                   surfaced in this case on the basis of confessional statement of
Patna High Court CR. MISC. No.8193 of 2026(2) dt.17-02-2026
                                            2/3




          co-accused Ramdheni Yadav and confessional statement made

          before police has no evidentiary value. Petitioner has no concern

          either with the apprehended person or with the seized liquor.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that the name of the petitioner has

          surfaced in this case on the basis of confessional statement of

          co-accused and confessional statement made before police has

          no evidentiary value and also the fact that the State has failed to

          implement its liquor policy in its true spirit, I am of the opinion

          that petitioner has, prima facie, made out a case to be released

          on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Malahi P.S. Case No. 275 of 2025,

          subject to the conditions as laid down under Section 482(2) of
           Patna High Court CR. MISC. No.8193 of 2026(2) dt.17-02-2026
                                                       3/3




                     the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.