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Patna High Court

Pankaj SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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