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Patna High Court

Satyanarayan Das @ Satyanarayan HarijanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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