Patna High Court
Dhanjit Singh @ Dhananjay SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Dhanjit Singh, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 182.42 litres of liquor from his Hyundai car and motorcycle. He argued that he was not in possession at the time of seizure and that his nephew had misused the vehicle, emphasizing that he had eight prior cases, seven of which were under the Excise Act. The State opposed the bail, contending the seriousness of the offence. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.40,000 with two sureties and that the trial court verify his criminal antecedents. If more than eight prior cases are found, the bail would not be confirmed; if exactly eight, it would be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given his antecedent record and the circumstances of the alleged seizure.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- criminal antecedents
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1036 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Dhanjit Singh @ Dhananjay Singh S/O Gopalji Singh @ Gopal Singh @
Gopal Jee Singh R/O Village- Badka Baiju Tola, P.S- Rivilganj, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases, out of which, seven
cases are under the Excise Act and allegation is of recovery of
182.42 litres of liquor from a Hyundai car and a motorcycle. It
is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and he came to be implicated based on the fact that he is owner
of the seized motorcycle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.1036 of 2026(2) dt.20-01-2026
2/3
and thus would create evidence against himself and hence
would get implicated. It is thus submitted that the petitioner was
completely unaware that his nephew Sachin would misuse his
vehicle in the manner as alleged, who was also apprehended
from the spot along with Pankaj but then police in mechanical
manner implicates once an accused is implicated in a case
relating to excise, without holding a proper investigation. .
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.40,000/- (Rupees forty 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
Rivilganj P.S. Case No.233/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than 8
Patna High Court CR. MISC. No.1036 of 2026(2) dt.20-01-2026
3/3
cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of 8
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.