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Patna High Court

Dinesh Dhangar @ Dinesh Dhankar @ Dinesh Dhagar @ Dinesh SadayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                           3/3




                         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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