Patna High Court

Rustam Yadav @ Rustam KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties and verification of antecedents.

Summary

Rustam Yadav applied for anticipatory bail after learning that he might be arrested in a case under Sections 30(a), 37(c) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of ten litres of liquor from a joint family house. He argued that he has a clean antecedent, the liquor was not in his conscious possession, and a confession made in police custody lacks evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent. If any prior case is found, the bail may be cancelled; otherwise, the provisional order will be confirmed. The application was allowed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances.
Whether the recovery of liquor from a joint family house and the absence of possession negate the charge.
Whether a confession made in police custody is admissible for bail considerations.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
joint family property
confession in custody
bail bond
sureties
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91913 of 2025
                       Arising Out of PS. Case No.-442 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 Rustam Yadav @ Rustam Kumar S/o Natho Yadav @ Natho Prasad Yadav
                 R/o vill - Danauli Phulwaria, P.S.- Ballia, Distt.- Begusarai, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a), 37(c) and 41(i)

                   of Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from the house of Natho Prasad

                   Yadav. It is next submitted that petitioner was not arrested from

                   the spot, as such, nothing was recovered from his conscious

                   possession and the house in question is a joint family property,

                   as such, it cannot be alleged with certainty that it was petitioner

                   who had kept the liquor in the house or the liquor kept in the

                   house was within his knowledge and his father was made to
Patna High Court CR. MISC. No.91913 of 2025(2) dt.13-01-2026
                                            2/3




          confess the name of the petitioner in police custody which does

          not have any evidentiary value.

                       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.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Judge-II, Begusarai in connection with Ballia P.S. Case

          No.442 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 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.91913 of 2025(2) dt.13-01-2026
                                                           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)

Sanjay/-

U          T

Continue reading with your account

Checking your session…