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Patna High Court

Santosh Dhangar @ Santosh DhagadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

Santosh Dhangar was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 18 litres of liquor recovered from his house, which he claims is joint family property and that he had no conscious possession. He asserted a clean criminal record and argued that the 2018 amendment to the Excise Act eliminated the concepts of deemed possession and presumed offender. The State opposed his request for anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500, two sureties of equal amount, and verification of the petitioner’s antecedent by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, the provisional bail will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor is in a joint family property and the accused claims no conscious possession.
  • Whether the 2018 amendment to the Bihar Excise Act has removed the doctrine of deemed possession and presumed offender for purposes of anticipatory bail.
  • What conditions under Section 482(2) of the BNSS must be satisfied for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • Section 482(2) BNSS
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32957 of 2026
                  Arising Out of PS. Case No.-157 Year-2026 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Santosh Dhangar @ Santosh Dhagad S/o Vishwanath Dhangar /o Village -
                 I.T.I. Dhangar Toli, Police Station - Bettiah Muffsil, District- West
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Kishor Mishra
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 18 litres of liquor from the house of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and the house in

                   question is a joint family property as such it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.32957 of 2026(2) dt.14-05-2026
                                            2/3




          the house or the liquor kept in the house was within knowledge

          of the petitioner. It is further submitted that after amendment in

          the Excise Act in the year 2018, the concept of deemed

          possession and presumed offender has been done away with.

                   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 for the petitioner, 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 Bettiah Muffasil P.S. Case No. 157 of 2026,

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

          the BNSS.

                   7.     It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
              Patna High Court CR. MISC. No.32957 of 2026(2) dt.14-05-2026
                                                          3/3




                        anticipatory bail order shall not be confirmed, but after

                        verification if 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)
Sumit/-

U         T


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