Patna High Court
Rahul Kumar @ Rahul Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the outcome of that verification.
Summary
The petitioner, Rahul Kumar Yadav, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 17.280 litres of liquor concealed near his house. He argued that the liquor was not found in his possession and the case was based solely on a confessional statement of his father made while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s alleged five prior excise cases. The Court granted provisional anticipatory bail conditioned on a Rs.25,000 bond with two sureties and directed verification of the petitioner’s criminal antecedent. If the verification shows more than five prior cases, the bail will not be confirmed; if only five, the provisional order will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of the petitioner’s father, made in police custody, can form the basis for arrest.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9382 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Rahul Kumar @ Rahul Kumar Yadav Son of Nagina Yadav Resident of
Village - Sareya Tola Mathiya, Police Station - Malahi, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-03-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 17.280 liters of liquor concealed
under straw kept near house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.9382 of 2026(3) dt.30-03-2026
2/3
but then is adjacent to his house and he came to be implicated
based on confessional statement of his father, Nagina, in police
custody which does not have any evidentiary value. It is also
submitted that once an accused is implicated in a 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.
5. Learned A.P.P. for the State opposes the prayer for
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.
25000/- (Rupees Twenty Five Thousand) 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 Malahi P.S. Case No. 86 of 2025 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 more
Patna High Court CR. MISC. No.9382 of 2026(3) dt.30-03-2026
3/3
than five cases 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 has antecedent of five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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