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Patna High Court

Raghu Kumar @ Raghu SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of antecedents.

Summary

Petitioners Raghu Kumar and Hari Sahni applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Section 30(a) of the Excise Act, involving the alleged recovery of liquor from sacks and a motorcycle. They contended that they were not in possession of the seized items, had no ownership of the vehicle, and that the case was based solely on a confessional statement of Binod Kumar made while in police custody, which they argued lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs 20,000 each with two sureties, verification of the petitioners' criminal antecedents, and a deposit of Rs 5,000 with the Lawyers’ Association. The order stipulated that if the antecedent verification revealed more cases than disclosed, the bail would not be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for alleged offences under Section 30(a) of the Excise Act.
  • Whether a confessional statement made by a co‑accused in police custody can form the basis for denying anticipatory bail.
  • Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • confessional statement
  • criminal antecedent
  • bail bond
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4498 of 2026
                     Arising Out of PS. Case No.-169 Year-2025 Thana- KANHAULI District- Sitamarhi
                 ======================================================
           1.     Raghu Kumar @ Raghu Sahni S/O Yugal Sahni @ Yugal Sahani R/O Vill.-
                  Shahpur, Sheetalpatti, Ward No.3, P.S.- Sahiyara, Dist- Sitamarhi
           2.    Hari Sahni S/O Shankar Sahni R/O Vill.- Shahpur, Sheetalpatti, Ward No.3,
                 P.S.- Sahiyara, Dist- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                                                  Ms.Deepika Mishra
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                   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 has antecedent of four cases under the Excise

                   Act and petitioner no.2 is a person with clean antecedent and the

                   allegation is of recovery of 58.80 litres of liquor from sacks and

                   36 litres of liquor from a motorcycle.

                                 4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.4498 of 2026(2) dt.31-01-2026
                                            2/3




          recovered from their conscious possession and even alleged

          recovery is from a place, which does not belong to the

          petitioners nor petitioners have any connection with the sack

          and are not the owner of the seized vehicle and they came to be

          implicated based on confessional statement of Binod Kumar in

          police custody, which does not have any evidentiary value. It is

          next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation.

                       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. 20,000/- (Rupees Twenty 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 Kanhauli P. S. Case No.169 of 2025, subject

          to the conditions laid down under Section 438(2) of the Cr.P.C.
             Patna High Court CR. MISC. No.4498 of 2026(2) dt.31-01-2026
                                                         3/3




                                    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

                       verify the criminal antecedent of the petitioners and in the event,

                       if it is found that petitioner no.1 has antecedent of more than

                       four cases and petitioner no.2 has antecedent of even 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 has antecedent of

                       four cases only and petitioner no.2 has antecedent of even one

                       case, in that event, the provisional anticipatory bail order shall

                       be confirmed forthwith.

                                    9. At this stage, the learned counsel appearing on

                       behalf of the petitioners based on instruction submits that

                       petitioners undertake to deposit an amount of Rs.5,000/- with

                       Lawyers’ Association, Patna High Court, Patna within a period

                       of two weeks from today.



                                                 (Satyavrat Verma, J)
vikash/-
U        T


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