Patna High Court

Harendra SahniversusThe State of Bihar

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

Holding

The court ordered provisional anticipatory bail subject to bail bond, sureties and verification of antecedents, with confirmation contingent on the number of prior cases.

Summary

Harendra Sahni sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 22,800 litres of liquor near Piparahi bridge. He argued that the liquor was not in his possession, the alleged recovery site was public, and the case was based solely on a confessional statement made by Dinesh while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court granted provisional anticipatory bail on condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if exactly two are found, the bail will be confirmed.

Issues considered

Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Act based on a confessional statement obtained in police custody.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise offence
confessional statement
bail conditions
criminal antecedent
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14298 of 2026
                       Arising Out of PS. Case No.-277 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Harendra Sahni Son of Naga Sahni R/o Village - Belwa, P.S. - Piprahi, Dist. -
                 Sheohar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar
                 For the Opposite Party/s :        Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 22.800 litres of liquor from a place

                   near Piparahi bridge. It is next submitted that petitioner was not

                   arrested 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 and is accessible to

                   public at large and he came to be implicated based on

                   confessional statement of Dinesh in police custody which does
Patna High Court CR. MISC. No.14298 of 2026(2) dt.13-03-2026
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          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 through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Piprahi P.S. Case No.277/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          two cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.14298 of 2026(2) dt.13-03-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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