Patna High Court
Raghu Kumar @ Raghu SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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