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Patna High Court

Sanjog DhangarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail.

Summary

The petitioner, Sanjog Dhangar, applied for pre‑arrest bail in a case where 60 litres of illicit liquor was recovered from an open area behind his house, alleged under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act. He claimed innocence, asserting that the open space is accessible to anyone and that he has a clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The court examined the FIR, the nature of the recovery site, and the petitioner’s antecedents, concluding that there is a prima facie case for bail. Accordingly, the court directed his release on pre‑arrest bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS, and ordered the district court to verify any other criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case under the Bihar Prohibition and Excise Act.
  • Whether the recovery of illicit liquor from an open space behind the petitioner’s house justifies denial of bail.
  • Whether the petitioner’s clean antecedent and the State’s failure to implement liquor policy affect the bail decision.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • clean antecedent
  • open space recovery
  • Section 482(2)
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25346 of 2026
                   Arising Out of PS. Case No.-19 Year-2026 Thana- PALANWA District- East Champaran
                 ======================================================
                 Sanjog Dhangar S/o- Late Yogendra Dhangar R/v- Palanwa Dhangar Toli Ps-
                 Palanwa 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.Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                         Heard Mr. Prateek Tandon, learned counsel

                   appearing on behalf of the petitioner and Mr. Arun Kumar

                   Singh, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Palanwa P.S. Case No. 19/2026 registered for the

                   offence(s) punishable under Sections 30(a) and 41(i) of the

                   Bihar Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 60 litres of

                   illicit liquor was recovered from from the bushes behind the

                   house of the petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Learned counsel further

                   submitted that recovery of illicit liquor has been made from the
Patna High Court CR. MISC. No.25346 of 2026(2) dt.22-04-2026
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          bushes behind the house of the petitioner, which is an open

          space and is easily accessible by anyone. Petitioner has no

          concern either with the place of recovery or with the alleged

          recovered liquor. Petitioner has clean antecedent.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made from the bushes behind the house of the petitioner,

          which is an open space and is easily accessible by anyone and

          also the fact that the State has failed to implement its liquor

          policy in its true spirit, I am of the opinion that petitioner, who

          is having clean antecedent, has, prima facie, made out a case to

          be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Palanwa P.S. Case No. 19/2026,
           Patna High Court CR. MISC. No.25346 of 2026(2) dt.22-04-2026
                                                       3/3




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

                     the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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