Patna High Court

Dhananjay Kumar Sah @ Dhananjay Sah @ Dhurchuliya @ GurchuliyaversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ALOK KUMAR SINHA

Holding

Anticipatory bail is granted as the petitioner had no conscious possession of the liquor, the recovery was from an open place, there were no independent witnesses, and he has a clean antecedent.

Summary

The petitioner, Dhananjay Kumar Sah, applied for anticipatory bail under Section 438 of the Cr.P.C. (and Section 482 of the Bhartiya Nagarik Suraksha Sanhita) in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of eight litres of liquor from an open place. The petitioner asserted a clean antecedent and that no liquor was found in his conscious possession, and that the recovery was made from an open space without any independent witnesses to the search and seizure memo. The State opposed the bail application. The Court noted the absence of possession, the open‑space recovery, lack of independent witnesses, and the petitioner's clean record, and consequently inclined to grant anticipatory bail. The Court ordered that, if arrested or surrendered within six weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Alok Kumar Sinha.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
liquor seizure
clean antecedent
search and seizure
Section 438 Cr.P.C.
Section 482 Bhartiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10826 of 2026


                       Arising Out of PS. Case No.-395 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Dhananjay Kumar Sah @ Dhananjay Sah @ Dhurchuliya @ Gurchuliya S/o
                 Lalan Sah R/o Village- Lawakala, P.S- Baniyapur, Dist- Saran.
                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Adv.
                 For the Opposite Party/s :       Mr.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                                  ORAL ORDER


2   17-02-2026                   Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his arrest

                   in a case registered for the offences punishable under Sections

                   30(a) of Bihar Prohibition and Excise Act in connection with

                   Baniyapur P.S. Case No.395 of 2025.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 08 liters of liquor from an open place. It is next

                   submitted that petitioner was not arrested from the spot as such
Patna High Court CR. MISC. No.10826 of 2026(2) dt.17-02-2026
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          nothing was recovered from his conscious possession. Further

          submits that recovery has been made from an open space and

          there are no independent witnesses to assign the search and

          seizure memo.

                       4. The learned APP for the State opposes the

          anticipatory bail application.

                       5. Considering the fact that no recovery has been

          made from the conscious physical possession of the petitioner

          and also taking into account that it has been recovered from an

          open space i.e from village Pakwa Inar Mathia and also given

          the fact that the petitioner has no criminal antecedent and further

          there are no independent witnesses who have signed the search

          and seizure memo, this Court is inclined to grant anticipatory

          bail to the petitioner.

                       6. Accordingly, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Sessions Judge cum

          Exclusive Special Court Excise, Act-I, Saran at Chapra in

          connection with Baniyapur P.S. Case No.395 of 2025, subject to
          Patna High Court CR. MISC. No.10826 of 2026(2) dt.17-02-2026
                                                      3/3




                    the conditions laid down under Section 438(2) of the

                    Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha

                    Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

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