Patna High Court
Ashok YadawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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