Patna High Court
Dhiraj sahani @ Dhiraj kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent cases, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Dhiraj Sahani, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, alleging that the prosecution’s case rests on a confessional statement of a co‑accused and that no liquor was recovered from his possession. He has three prior criminal cases, one of which is also under the Excise Act. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case where the primary evidence is a confessional statement made in police custody.
- Whether the petitioner’s antecedent criminal cases affect the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming or cancelling the provisional bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22541 of 2026
Arising Out of PS. Case No.-1568 Year-2023 Thana- Excise P.S. District- Muzaffarpur
======================================================
Dhiraj sahani @ Dhiraj kumar Son of Late Surender Sahani Resident Of
Village -Paigembarpur Kolhua, P.s -Ahiyapur, District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vakil Kumar
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 30(a) and
32 (3) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which, one case
is under the Excise Act and allegation is of recovery of
4601.520 litres of liquor from five different pick up vehicles and
one truck was also seized. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of any of the
seized vehicle and he came to be implicated based on
confessional statement of Mumtaz in police custody which does
Patna High Court CR. MISC. No.22541 of 2026(2) dt.08-04-2026
2/3
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.15,000/- (Rupees fifteen 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 Ahiyapur P.S. Case No.1568/2023, 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
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.22541 of 2026(2) dt.08-04-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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