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Patna High Court

Ashok Yadav @ Ashok KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Ashok Yadav, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Sections 30(a) and 41 of the Excise Act for alleged recovery of 171 litres of liquor from three motorcycles. He asserted that he has a clean antecedent, was not arrested at the spot, and that the seized liquor was not in his conscious possession nor was he the owner of the vehicles involved. The prosecution relied on a confessional statement made by Md. Muslim while in police custody, which the petitioner’s counsel argued lacks evidentiary value. The court considered these submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked, whereas a clean record would lead to confirmation of the bail. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) CrPC to a person accused of offences under Sections 30(a) and 41 of the Excise Act.
  • Whether a confessional statement made in police custody has evidentiary value for denying bail.
  • Whether the petitioner’s antecedent record affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • clean antecedent
  • confessional statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90011 of 2025
                    Arising Out of PS. Case No.-83 Year-2019 Thana- DHAKA District- East Champaran
                 ======================================================
                 Ashok Yadav @ Ashok Kumar Son of Shambhu Yadav @ Shambhu Kapar
                 Resident of Village- Mahanguwa, P.S.- Kundwachainpur, District- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) and 41 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 171 litres of liquor from three different

                   motorcycles.

                                4. The learned counsel for the petitioner submits 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 vehicle and he came to be implicated based on
Patna High Court CR. MISC. No.90011 of 2025(3) dt.22-01-2026
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          confessional statement of Md. Muslim in police custody, which

          does not have any evidentiary value.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Dhaka P. S. Case No.83 of 2019, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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 obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.90011 of 2025(3) dt.22-01-2026
                                                           3/3




                         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)
vikash/-

U          T


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