Patna High Court
Jitendra DhangarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Jitendra Dhangar, was implicated in a case under section 30(a) of the Bihar Prohibition & Excise Act, 2022 for allegedly selling liquor from his house, where police recovered 27 litres of country-made liquor and 7.92 litres of foreign liquor. The petitioner claimed he was not present at the premises at the time of seizure and asserted his innocence, also highlighting his clean antecedent. The State opposed his bail, arguing the seriousness of the offence. The High Court examined the facts, noting the absence of the petitioner from the seized premises and his clean record, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail if concealment is discovered.
Issues considered
- Whether bail should be granted to the petitioner despite the seizure of liquor from his house.
- Whether the petitioner’s absence from the premises and clean antecedent justify bail under the applicable statutes.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- criminal antecedent
- Section 30
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16660 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- BUDDHACOLONY District- Patna
======================================================
Jitendra Dhangar S/O Late Ganga Dhangar Resident of village- Chinakothi,
Harijan colony, P.s- Budhacolony, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
4 20-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Budhacolony P.S. Case No. 58 of 2026, registered for the
offences punishable under section 30(a) of the Bihar Prohibition
& Excise Act, 2022.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 29.01.2026 at about 17.00 hours, while he was
on patrolling duty, he received a secret information that one
Jitendra Dhangar (petitioner herein) is selling liquor from his
house. The informant along with police party proceeded to
verify the authenticity of the information and reached at the
place of occurrence. Upon seeing the police party, one person
Patna High Court CR. MISC. No.16660 of 2026(4) dt.20-05-2026
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started fleeing and despite chase, he managed to escape. Upon
search of the house of the petitioner, 27 litres of country made
liquor and 7.920 litres of foreign liquor was recovered and
seizure list was prepared accordingly.
4. The learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence. The
entire allegations levelled against the petitioner in the F.I.R. are
false and baseless. The petitioner was not present at the place of
occurrence and nothing has been recovered from his conscious
possession. He further submits that the petitioner has got no
concern with the seized liquor and he resides outside the village
for his livelihood. The petitioner has got a clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that 27 litres of
country made liquor and 7.920 litres of foreign liquor was
recovered from the house of the petitioner, but the petitioner
was not found present in his house and therefore, there is no
question of any recovery from his possession. The petitioner has
got a clean antecedent. Considering the same, let the above
named petitioner, in the event of arrest/surrender within a period
Patna High Court CR. MISC. No.16660 of 2026(4) dt.20-05-2026
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of six weeks, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge Excise, Patna in
connection with Budhacolony P.S. Case No. 58 of 2026, subject
to conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/ 482(2) of the Bhartiya Nagrik Suraksha
Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent
of the petitioner and in case at any stage it is found that the
petitioner has concealed his criminal antecedents, the court
concerned shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J)
vinita/-
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