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Patna High Court

Jitendra DhangarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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/-

U          T


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