Patna High Court
Dhananjay Sah @ Dhannajay SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his antecedents.
Summary
The petitioner, Dhananjay Sah, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 87.51 litres of liquor from a vehicle he owned. He argued that he had no prior criminal record, was not present at the spot of seizure, and was unaware that another individual, Jyotish Kumar, would misuse his vehicle. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the petitioner’s clean antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18271 of 2026
Arising Out of PS. Case No.-375 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Dhananjay Sah @ Dhannajay Sah S/O Lal Sah @ Panup Lal Sah R/O Vill.-
Rampur, Post- Bishanpur (Hariabharhi), P.S- Korha, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioner and Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 87.510 litres of liquor from an auto.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.18271 of 2026(2) dt.28-04-2026
2/3
would get implicated. It is also submitted that petitioner was
completely unaware that Jyotish Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds 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 Jokihat P.S. Case
No. 375 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.18271 of 2026(2) dt.28-04-2026
3/3
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…