Patna High Court
Santosh DhangadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
Santosh Dhangad was implicated in a case (Majhaulia P.S. Case No. 71 of 2026) for allegedly possessing 8 litres of country-made liquor seized from a bush behind his house, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the seized area did not belong to him, was an open public place, and that the procedural requirements of Section 103 of the Bihar Narcotic Substances Act were not observed; he also asserted he had no prior criminal record. The State opposed his anticipatory bail application. After hearing both sides, the court considered the facts, the lack of antecedents, and the procedural lapses, and ordered that the petitioner be granted anticipatory bail if arrested within six weeks, upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Narcotic Substances Act in view of the alleged liquor possession.
- Whether the seizure complied with the procedural requirements of Section 103 of the Bihar Narcotic Substances Act.
- Whether the location of seizure being a public/open place affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- illegal liquor
- Section 30
- Section 103
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34783 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
Santosh Dhangad son of Jogender Dhangad @ Yogendra Dhangad R/O vill -
Dhokraha, Dhangar Tola, Ward no.- 25, P.S.- Majhaulia, Dist.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Majhaulia P.S. Case No. 71 of 2026 dated
22.01.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, altogether 8 litres of country-
made liquor has been recovered from a bush behind the house of
the petitioner.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that the area from which the
alleged recovery has been made does not belong to the
Patna High Court CR. MISC. No. 34783 of 2026(2) dt.20-05-2026
2/2
petitioner. It has further been submitted that the place of seizure
is an open place which is accessible to all. It has further been
submitted that procedures prescribed under Section 103 B.N.S.
has not been followed. It has lastly been submitted that
petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Bettiah, West Champaran in connection with Majhaulia P.S.
Case No. 71 of 2026 subject to conditions as laid down under
section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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