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Patna High Court

Rahul Kumar @ Rahul Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted subject to bail bonds and verification of the petitioner’s criminal antecedent, with the order to be confirmed only if the antecedent does not exceed five cases.

Summary

The petitioner, Rahul Kumar Yadav, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case under Section 30(a) of the Excise Act alleging recovery of 17.2 litres of liquor from a motorcycle. He argued that he was not in possession of the seized vehicle, was not arrested at the spot, and that the only evidence was a confessional statement of a co-accused taken in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s antecedent of five prior Excise cases. The Court, noting the lack of direct possession and the questionable reliability of the confessional statement, granted provisional anticipatory bail on condition of furnishing bail bonds of Rs.25,000 with two sureties and directed verification of his criminal antecedent. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under Section 30(a) Excise Act and his prior criminal antecedent.
  • Whether the confessional statement of the co-accused can be relied upon as evidence for denying bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • confessional statement
  • criminal antecedent
  • provisional bail
  • Section 438 Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9991 of 2026
                     Arising Out of PS. Case No.-116 Year-2023 Thana- EXCISE ARERAJ District- East
                                                       Champaran
                 ======================================================
                 Rahul Kumar @ Rahul Kumar Yadav Son of Nagina Yadav Resident of
                 Village-Sareya Tola mathiya , (Sonwal Godam), Police Station-Malahi,
                 District-East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Ranjan
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and allegation is of recovery of 17.2 litres of liquor from a

                   motorcycle.

                                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

                   the seized motorcycle and he came to be implicated based on
Patna High Court CR. MISC. No.9991 of 2026(2) dt.23-02-2026
                                            2/3




          confessional statement of Srikant in police custody, which does

          not have any evidentiary value. It is next submitted that police

          in majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          proper investigation.

                       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.25,000/- (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 Areraj Excise P. S. Case No.116 of 2023,

          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
               Patna High Court CR. MISC. No.9991 of 2026(2) dt.23-02-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than five cases,

                         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 antecedent of five cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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