Patna High Court
Lakindra Dhangar @ Sohan DhangarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Lakindra Dhangar applied for anticipatory bail after an FIR was lodged under Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging recovery of 15 litres of country-made liquor and two gas cylinders from an open area outside his house. The petitioner argued that the liquor was not in his constructive possession, the recovery was from a public space, and he has a clean antecedent. The State opposed the bail. The High Court, noting the lack of possession and the petitioner's clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband was recovered from an open space outside the petitioner's premises and not in his constructive possession
- Whether the petitioner's clean antecedent warrants the grant of anticipatory bail under the Bihar Prohibition and Excise Amendment Act, 2018
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- constructive possession
- clean antecedent
- bail bond
- section 482(2) of B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17617 of 2026
Arising Out of PS. Case No.-271 Year-2022 Thana- KOTWA District- East Champaran
======================================================
Lakindra Dhangar @ Sohan Dhangar son of Gokhul Dhangar Resident of
village- Dipaoo Dhangar Toli Ps -Kotwa Dist -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kotwa P.S. Case No.271 of 2022, F.I.R dated
03.07.2022 registered for the offences punishable under
Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise
Amendment Act, 2018.
3. As per the prosecution case, on 03.07.2022, the
informant, being the SHO of Kotwa P.S., recorded his self-
statement alleging therein that, acting on secret information, he
along with other police officials reached Dhangar Toli and, from
outside the house of the petitioner and three other co-accused
persons, recovered 15 litres of country-made liquor and two gas
cylinders, pursuant to which the present F.I.R. was instituted.
Patna High Court CR. MISC. No.17617 of 2026(2) dt.25-03-2026
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4. Learned counsel for the petitioner submits that the
the recovery of the country made liquor and two gas cylinders
has been made outside the door of the petitioner and the
petitioner is in no way connected with the seized liquor. It has
further been submitted that the place of recovery is from an
open space, which is accessible to all and there is nothing
specific made out against the petitioner. It has lastly been
submitted that the petitioner has clean antecedent and is ready
to abide by the terms and conditions in case the privilege of
anticipatory bail is extended in their favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the petitioner has clean
antecedent, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
Patna High Court CR. MISC. No.17617 of 2026(2) dt.25-03-2026
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two sureties of the like amount each to the satisfaction of
learned Special Judge Excise Court No.1, East Champaran,
Motihari, in connection with Kotwa P.S. Case No.271 of 2022
subject to the condition as laid down under Section 482(2) of
the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
U T
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