Patna High Court
Santosh Dhangar @ Santosh DhagadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
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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
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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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