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Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the conditions imposed under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rajesh Yadav, sought anticipatory bail after being implicated in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act for allegedly recovering 4 litres of liquor and 240 kg of Mahua flowers from two motorcycles. He argued that nothing was recovered from his conscious possession, he was not the owner of the motorcycles, and the case was based solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs 5,000 bail bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the accusation is based solely on a confessional statement of another accused.
  • Whether the absence of seized items in the petitioner’s conscious possession justifies anticipatory bail.
  • Whether Section 482(2) of the B.N.S.S. empowers the High Court to grant provisional anticipatory bail subject to verification of criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • possession
  • Bihar Prohibition and Excise Act
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84928 of 2025
                         Arising Out of PS. Case No.-218 Year-2024 Thana- DOBHI District- Gaya
                 ======================================================
                 Rajesh Yadav S/o Baleshwar Yadav R/o Village - Masaudha, P.S - Bahera,
                 District - Gaya
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sinha
                 For the Opposite Party/s :       Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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 offence punishable under Sections 30(a) and

                   30(d) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 4 litres of liquor along with 240 kg

                   of Mahua flowers from two different motorcycles. 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 any of the seized motorcycles and he came to be

                   implicated based on the confessional statement of Sanjay 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.84928 of 2025(3) dt.20-01-2026
                                                       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.5000/- (Rupees five thousand) 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 Dobhi

                     P.S. Case No.218/2024, 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 more than

                     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 has antecedent of one

                     case, in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T


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