Patna High Court
Dinesh Dhangar @ Dinesh Dhankar @ Dinesh Dhagar @ Dinesh SadayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Dinesh Dhangar, applied for anticipatory bail after being implicated in a case involving the alleged recovery of 34.5 litres of liquor from his scooty, with charges under Sections 274, 275 and 317(5) of the B.N.S. and Section 30(a) of the Excise Act. The petitioner claimed a clean antecedent and argued that he was not in possession of the liquor at the time of arrest, merely being the owner of the vehicle used by others. The State opposed the bail, contending that the offences were serious. The Court considered the petitioner’s lack of direct possession, his clean record, and the principle that a vehicle owner should not be automatically deemed culpable. It directed that provisional anticipatory bail be granted, subject to bail bonds, sureties, and conditions under Section 482(2) of the B.N.S.S., with verification of antecedents by the trial court. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the B.N.S. and Excise Act
- Whether the petitioner’s ownership of the vehicle and lack of direct possession of liquor justify granting bail
Legislation cited
- B.N.S. — s. 274, 275, 317(5)
- B.N.S.S. — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- liquor seizure
- Excise Act
- B.N.S.
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17869 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- JAYNAGAR District- Madhubani
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Dinesh Dhangar @ Dinesh Dhankar @ Dinesh Dhagar @ Dinesh Saday S/o
Late Mohi Dhangar @ Mohi Saday @ Mohi Dhankar R/o Village - Balua Tol,
Ward No. 03, P.S - Jaynagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr/s.Archna Aanand
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioner and
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 274, 275 and 317(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 34.500 litres of liquor from a scooty.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.17869 of 2026(2) dt.19-03-2026
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scooty. It is next submitted that no prudent person would use his
own vehicle for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Vikram would misuse the vehicle in the manner as alleged as he
was also apprehended at the spot along with Nandu Kumar.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, 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
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Jaynagar P. S. Case No.17 of 2026, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.17869 of 2026(2) dt.19-03-2026
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found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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