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Patna High Court

MANTOSH YADAVversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner subject to bail bond, sureties, and verification of his antecedent.

Summary

The petitioner, Mantosh Yadav, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for allegedly recovering 24.675 litres of liquor from a motorcycle. He argued that he has a clean antecedent, was not caught in possession, does not own the seized vehicle, and that the case is based solely on a confessional statement made by Ravi while in police custody, which he contended lacks evidentiary value. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent and conditionally confirm the bail if no prior cases are found, otherwise the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made by a third person in police custody can form the basis for granting anticipatory bail.
  • Whether the petitioner’s lack of ownership of the seized vehicle and absence of possession affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • confessional statement
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83094 of 2025
                   Arising Out of PS. Case No.-156 Year-2024 Thana- Manuapul District- West Champaran
                 ======================================================
                 MANTOSH YADAV S/O Jugrup Yadav Resident of village- Bhawanipur,
                 P.S.- Shrinagar, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sujeet Kumar, Advocate
                 For the Opposite Party/s :        Mr. Renuka Ratnakar (App.125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 24.675 liters of liquor from a motorcycle.

                                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 is not the owner of the

                   seized Auto and he came to be implicated based on confessional

                   statement of Ravi in police custody which does not have any

                   evidentiary value.

                                5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.83094 of 2025(3) dt.21-01-2026
                                                        2/2




                      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. 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 Manuapul P.S. Case No. 156 of 2024 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 even one case then it

                      would be presumed that petitioner, for the 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 is a person with

                      clean antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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