Patna High Court
Shiwaji SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Shiwaji Sahani, a resident of Sheohar district, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 684 litres of liquor from a bamboo orchard. He asserted that he has a clean antecedent, was not in possession of the liquor, and is not the orchard's owner. The prosecution’s case relied on a confessional statement made by an apprehended accused in police custody, which the petitioner’s counsel argued lacks evidentiary value. The petitioner sought anticipatory bail, while the State opposed the relief. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether a confessional statement made by an accused in police custody can form the basis for denying anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- clean antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84360 of 2025
Arising Out of PS. Case No.-199 Year-2025 Thana- PIPRAHI District- Sheohar
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Shiwaji Sahani S/o Sri Nath Sahani @ Mhindra Sahani Resident of Village-
Belwa Narkatia, P.S.- Piprahi (Piprahi), District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Nitu Kumari
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State, Sri Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 684 litres of liquor from a bamboo orchard.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of the
bamboo orchard and he came to be implicated based on confessional
statement of apprehended-accused in police custody which does not
have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.84360 of 2025(3) dt.22-01-2026
2/2
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. 500/- (Rupees Five Hundred) 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 Piprahi P.S. Case No. 199 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
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 even one case then it would be
presumed that petitioner, for 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 is a person with clean
antecedent in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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