Patna High Court
Srikant Sahani @ Shreekant ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent, with conditional confirmation.
Summary
The petitioner, Srikant Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 50 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, the seized vehicle was not his, and the case against him relied solely on a confessional statement of a co-accused made while in police custody, which he contended lacks evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000, two sureties of equal amount, and compliance with Section 438(2) Cr.P.C. and Section 482(2) BNSS. The order further directed the trial court to verify the petitioner’s criminal antecedent; if more than four prior cases are found, the bail would not be confirmed, otherwise it would be confirmed immediately. The decision balances the petitioner’s right to liberty with the seriousness of the alleged excise offence.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confessional statement made by a co-accused in police custody can form the basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedent exceeding four cases should preclude anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7352 of 2026
Arising Out of PS. Case No.-341 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Srikant Sahani @ Shreekant Choudhary S/o- Ramchandra Sahani @
Ramchandra Choudhary R/V- Panditpur Malahi Tola PS- Piprakothi District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of 50
litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Madan
Patna High Court CR. MISC. No.7352 of 2026(2) dt.19-02-2026
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Sahani in police custody which does not have any evidentiary
value in the eye of law. It is next submitted that once an accused
is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees Twenty 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 Piprakothi P.S. Case No. 341 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./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 if
it is found that petitioner has antecedent of more than four cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.7352 of 2026(2) dt.19-02-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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