Patna High Court
Shushil Sahni @ Soshil Sahni @ Sushil SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioners Shushil Sahni and Gujari Devi applied for anticipatory bail anticipating arrest under Section 30(a) of the Excise Act for alleged recovery of liquor from a third‑party's house. They contended that no liquor was found in their possession, the alleged recovery was from a house not belonging to them, and the only evidence was a confessional statement of Neelam Devi made in police custody, which they argued lacks evidentiary value. The State opposed the bail. The court, noting petitioner 1’s clean antecedent and petitioner 2’s limited antecedent, granted provisional anticipatory bail on the condition of a Rs 5,000 bond, two sureties and verification of criminal antecedents, subject to Section 438(2) of the CrPC. The trial court is directed to verify the antecedents and confirm the bail if the claims are substantiated, otherwise to set aside the provisional order.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code in a case involving offences under Section 30(a) of the Excise Act
- Whether a confessional statement made by a third party in police custody is admissible for the purpose of granting anticipatory bail
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- bail bond
- criminal antecedent
- confessional statement
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44379 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- NAANPUR District- Sitamarhi
======================================================
1. Shushil Sahni @ Soshil Sahni @ Sushil Sahni S/o Kishori Sahni R/o Village
- Gauri, ward no. 10, P.S. Nanpur, District - Sitamarhi
2. Gujari Devi W/o Late Nathuni Sahni R/o Village - Gauri, ward no. 10, P.S.
Nanpur, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 is a person with clean antecedent and
petitioner no.2 has antecedent of one case under the Excise Act
and the allegation is of recovery of 20 litres of liquor from
house of Neelam Devi and 30 litres of raw solution which was
destroyed.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.44379 of 2026(2) dt.08-07-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even alleged
recovery is from a house, which does not belong to the
petitioners and petitioners have no concern or relation with
Neelam Devi and he came to be implicated based on
confessional statement of Neelam Devi in police custody which
does not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each 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 Nanpur P. S. Case No.163 of 2026, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
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verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of even one case
and petitioner no.2 has antecedent of more than one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their antecedent before this
Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner no.1 is a person with clean antecedent and
petitioner no.2 has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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