Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Vijay Yadav, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was implicated solely on the basis of confessional statements of co‑accused and that no liquor was recovered from his possession. He argued that the police had not made an arrest at the spot and that the statements lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a bail bond of Rs.10,000 and two sureties of equal amount, subject to Section 482(2) of the Code of Criminal Procedure. The Court directed the trial court to verify the petitioner’s criminal antecedents and stipulated that if more than two prior cases are found, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based solely on confessional statements of co‑accused and no possession is established.
- Whether the petitioner’s criminal antecedent (more than two prior cases) should preclude the grant of anticipatory bail.
- Whether conditions under Section 482(2) of the Code of Criminal Procedure may be imposed on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- Section 30
- Section 482
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90456 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- YADOPUR District- Gopalganj
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Vijay Yadav S/o- Shivji Prasad Yadav Ro village- Madhu Sareya, Sirampur
Kolhua Pakar, PS- Manjhagarh, Dist- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Shekhar Pandey, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases and allegation is of
recovery of 14.04 litres of liquor from a motorcycle. 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 the seized vehicle and he came to be implicated
based on confessional statement of Pradip Yadav and Anis
Yadav in police custody which does not have any evidentiary
value. It is also submitted that once an accused is implicated in a
Patna High Court CR. MISC. No.90456 of 2025(2) dt.08-01-2026
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case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Sessions Judge-XIII-cum-Special Excise Court No.I,
Gopalganj, Bihar in connection with Jadopur P.S. Case No.79 of
2025, subject to the conditions laid down under Section 482(2)
of the B.N.S.S.
6. The application stands allowed.
7. 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 antecedents of more than two cases,
Patna High Court CR. MISC. No.90456 of 2025(2) dt.08-01-2026
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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 not be confirmed, but if on verification, it is found
that petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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