Patna High Court
Satyanarayan Das @ Satyanarayan HarijanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
Satyanarayan Das was implicated in an excise case for alleged sale of illicit liquor, with 70 litres recovered from a co-accused's motorcycle. The prosecution’s case relied solely on the co-accused’s confessional statement, and no liquor was found in Das’s possession. Das filed a bail petition, arguing innocence and lack of evidentiary value in the confession. The State opposed bail, citing Das’s involvement in another case. The Patna High Court, considering the circumstances and the limited evidence, granted bail subject to conditions under Section 482(2) of the Bihar Negotiable Instruments and Security Services Act, 2023, and required a bond of Rs.10,000 with two sureties. The order also imposed conditions for cancellation of bail if undisclosed criminal antecedents or false statements about prior bail petitions were discovered.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the allegations and the evidentiary basis.
- Whether a confessional statement of a co-accused can constitute sufficient ground to deny bail.
- Whether Section 482(2) of the B.N.S.S., 2023 is applicable for imposing bail conditions in this case.
Legislation cited
- Bihar Negotiable Instruments and Security Services Act, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3)
Subjects
- bail
- illicit liquor
- excise law
- confessional statement
- Section 482
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41311 of 2026
Arising Out of PS. Case No.-187 Year-2026 Thana- Excise P.S. District- Banka
======================================================
Satyanarayan Das @ Satyanarayan Harijan, S/o Soni Harijan, Resident of
Village- Domuhan, P.S.- Banka, Dist.- Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shubhesh Pandey, Advocate
For the State : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with Banka
Excise PS. Case No.187 of 2026, dated-27.04.2026, registered
for the offences punishable under Section 30(a) and 32(3) of
the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 70 liter of illicit liquor has been
recovered from a plastic sack tied with the dickey and seat of
the motorcycle of the co-accused, Nandu Kumar and as per the
confessional statement of the co-accused before the police, the
Petitioner is also involved in sale of illicit liquor.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.41311 of 2026(2) dt.01-07-2026
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case. He further submits that there is no recovery from the
possession of the Petitioner. The only allegation against him is
that he is engaged in the sale of illicit liquor. He further submits
that the prosecution case is based only on confessional
statement of the co-accused before the police which has no
evidentiary value.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in one other
case.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
Patna High Court CR. MISC. No.41311 of 2026(2) dt.01-07-2026
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with Banka Excise PS. Case No.187 of 2026, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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