Patna High Court
SHIV KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bond, sureties and verification of his antecedent.
Summary
Shiv Kumar Yadav sought anticipatory bail fearing arrest in a case under IPC sections 420 and 34 and Section 30(a) of the Bihar Excise Act for alleged recovery of 55.8 litres of liquor from a motorcycle. He argued he had a clean antecedent, was not in possession of the liquor, did not own the vehicle, and the case was based on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of a Rs. 500 bond with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court, and stipulated that if any antecedent is found, the bail would not be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences under IPC 420, 34 and Bihar Excise Act 30(a).
- Whether the confessional statement of an accused made in police custody can be the basis for arrest and denial of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 34, 420
Subjects
- anticipatory bail
- IPC 420
- excise law
- confessional statement
- provisional bail
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91750 of 2025
Arising Out of PS. Case No.-220 Year-2023 Thana- NIRMALI District- Supaul
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SHIV KUMAR YADAV S/O HARI NARAYAN YADAV R/o vill - Majhaura,
ward no. 01, P.S.- Supaul Nadi, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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 Sections 420 and 34 of the Indian
Penal Code and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 55.800 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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 apprehended-accused 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.91750 of 2025(2) dt.13-01-2026
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 Nirmali P.S. Case No. 220 of 2023, 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)
Sumit/-
U T
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