Patna High Court
Sanjog DhangarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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,
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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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