Patna High Court

Golu DhangarversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail was granted to the petitioner subject to bail bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Golu Dhangar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal transportation and sale of liquor, with 110 litres seized near a police centre. The petitioner claimed innocence, stating he was not present at the scene and no incriminating material was found on him, and sought anticipatory bail. The State opposed the bail. The Court considered the nature of the allegation, the lack of direct evidence against the petitioner, and his willingness to cooperate, and ordered that he be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively granted anticipatory bail with specified conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the suspicion alone, without material possession, justifies denial of bail.
Applicability of Section 30(a) of the Bihar Prohibition and Excise Act in granting bail.
Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
prohibition act
excise law
illegal liquor
bail conditions
section 30(a)
section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24008 of 2026
                   Arising Out of PS. Case No.-412 Year-2021 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Golu Dhangar Son of Prahlad Dhangar @ Prahlad Paswan R/o- Harijan
                 Colony, China Kothi, P.S.- Buddha Colony, District – Patna.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binay Kumar Singh, Advocate.
                 For the Opposite Party/s :      Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Buddha Colony P.S. Case No.412 of 2021 instituted under

                   Sections 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, on getting secret

                   information regarding illegal transportation and sale of liquor

                   near Police center at China Kothi, the police party reached there

                   and recovered total 110 litres of illicit country made from three

                   different carts.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the petitioner has no connection

                   with the alleged seized liquor or the cart from where the

                   recovery has been made. Learned counsel submits that
              Patna High Court CR. MISC. No.24008 of 2026(2) dt.17-04-2026
                                                          2/2




                        petitioner was not present on the spot and only on the basis of

                        suspicion he has been implicated in this case. He further submits

                        that no incriminating material has been recovered from the

                        conscious possession of petitioner. Petitioner has one criminal

                        antecedent and he undertakes to cooperate in the investigation

                        and trial of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner, in the event of

                        arrest or surrender before the Court below within six weeks

                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount to each to the satisfaction of the

                        learned Special Judge Excise-I, Patna/ concerned Court in

                        connection with Buddha Colony P.S. Case No.412 of 2021,

                        subject to the conditions laid down in Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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