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Patna High Court

Lakindra Dhangar @ Sohan DhangarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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