Patna High Court
Ashok Yadav @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41
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
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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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