Patna High Court

Pappu Sahni @ Pappu KumarversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Pappu Sahni, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 684 litres of liquor from a bamboo orchard. He argued that he was not in possession of the liquor, was not the orchard's owner, and was implicated solely on a co-accused's confessional statement, which he claimed lacked evidentiary value. The State opposed his request for anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent. It directed that if more than one prior case is found, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances described.
Whether a confessional statement of a co-accused, without possession or ownership, provides sufficient basis to deny anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
confessional statement
Section 30
Section 482
criminal procedure
possession
ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85699 of 2025
                       Arising Out of PS. Case No.-199 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Pappu Sahni @ Pappu Kumar S/O Virendra Sahni Resident of Village-
                 Belawa Narkatia, P.S- 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 has antecedent of one case under the Excise Act 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
Patna High Court CR. MISC. No.85699 of 2025(3) dt.22-01-2026
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          custody which does not have any evidentiary value. It is further

          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.           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.

          5,000/- (Rupees Five 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 Piprahi

          P.S. Case No. 199 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 one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.85699 of 2025(3) dt.22-01-2026
                                                          3/3




                        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 one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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