Patna High Court
Pankaj SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted where the petitioner has a clean antecedent and the primary evidence is a confessional statement made under duress, subject to verification of antecedent.
Summary
Petitioner Pankaj Sahani feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging that 110 litres of liquor were recovered from his mother, Tetri Devi. The petitioner claimed he had a clean antecedent and that the only evidence against him was his mother’s confessional statement made while in police custody, which he alleged was obtained under duress. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, noted the lack of direct evidence and the petitioner’s clean record, and therefore granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, with verification of antecedent to be done by the trial court. The order stipulated that if any criminal antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The decision reflects the Court’s discretion to grant anticipatory bail where the evidentiary basis is weak and the accused is of good character.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the primary evidence is a confessional statement made by the accused’s mother while in police custody
- Whether a confessional statement obtained under duress is sufficient to deny anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- duress
- Bihar Excise Act
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30752 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Pankaj Sahani S/o Ratandev Sahani @ Ratandeep Sahni Resident Of Village -
Dhundhua, Ps - Jandaha, Dist. - Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Kumar
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 110 litres of liquor from possession of Tetri Devi.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on confessional statement of Tetri Devi in police
custody which does not have any evidentiary value. It is further
submitted that Tetri Devi is mother of the petitioner and she was
made to confess the name of the petitioner under duress, when
petitioner admittedly is a person with clean antecedent.
Patna High Court CR. MISC. No.30752 of 2026(2) dt.06-05-2026
2/2
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 within a period of six weeks from today, be
released on Provisional anticipatory bail on furnishing bail bonds
of Rs. 500/- (Rupees Five Hundred) 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 Jandaha P.S. Case
No. 171 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 even one case 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 is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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