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Patna High Court

Arvind SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, a deposit, and verification of his criminal antecedent.

Summary

Arvind Sahni sought anticipatory bail fearing arrest in a case under Sections 30(a), 30(c) and 30(d) of the Bihar Excise Act, where the police alleged recovery of liquor and raw material from a public mango orchard based largely on a confessional statement of a co-accused in custody. The petitioner argued that nothing was seized from his possession, the alleged site did not belong to him, and the investigation was mechanically driven without proper inquiry. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a deposit of Rs.5,000 with the Advocates’ Association, subject to verification of the petitioner’s criminal antecedent. If more than three prior cases are found, the bail will not be confirmed; if only three are confirmed, the provisional order will be made final. The order was issued under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the excise case.
  • Whether the confessional statement of a co-accused in police custody can form the basis for arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police investigation
  • criminal antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4584 of 2026
                    Arising Out of PS. Case No.-239 Year-2025 Thana- HASANPUR District- Samastipur
                 ======================================================
                 Arvind Sahni S/O Late Prabhu Sahni R/O Village- Devdha, P.S- Hasnapur,
                 Distt.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rohit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a),

                   30(c) and 30(d) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the excise act and

                   allegation is of recovery of 28 liters of liquor along with 300

                   liters of raw material from a mango orchard.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

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

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.4584 of 2026(2) dt.31-01-2026
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          based on confessional statement of Naresh in police custody

          which does not have any evidentiary value. It is also submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15,000/- (Rupees Fifteen Thousand) 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 Hasanpur

          P.S. Case No. 239 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than three cases then it would be presumed that petitioner, for
            Patna High Court CR. MISC. No.4584 of 2026(2) dt.31-01-2026
                                                        3/3




                      the purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5000/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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