Patna High Court
Dhanji Singh @ Dhananjay SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Dhanji Singh, filed an anticipatory bail application fearing arrest in a case where 1,616.64 litres of illicit foreign liquor were seized from a van and several individuals fled, his name being among them. He asserted that he had no possession of the liquor and was innocent, but the prosecution highlighted his criminal antecedent of ten cases, nine of a similar nature. The State opposed the bail. The High Court, after hearing counsel, considered the seriousness of the offence and the petitioner’s prior record and refused to grant anticipatory bail. The court directed the petitioner to surrender before the trial court, which was instructed to note that no liquor was recovered from him. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given his alleged involvement in the illicit liquor seizure and his criminal antecedent.
- Whether the petitioner’s claim of no possession of the contraband affects the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- criminal antecedent
- Bihar Prohibition and Excise Act
- illicit liquor
- surrender
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34920 of 2026
Arising Out of PS. Case No.-422 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Dhanji Singh @ Dhananjay Singh S/o Gopalji Singh @ Gopal Singh R/o
Village- Badka Baiju Tola, PS- Rivilganj, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Rivilganj P.S. Case No. 422 of 2025 instituted
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution is that altogether
1616.64 liters of illicit foreign liquor was recovered from a van.
It is alleged that certain persons managed to flee from there and
the petitioner is amongst them.
4. It is submitted by learned counsel for the petitioner
that petitioner is innocent and has committed no offence.
Nothing has been recovered from the possession of this
Patna High Court CR. MISC. No.34920 of 2026(2) dt.22-06-2026
2/2
petitioner. He has no concern with the alleged liquor. Petitioner
is having criminal antecedent of ten cases out of which nine are
of similar nature.
5. Learned APP has opposed the prayer for bail of the
petitioner.
6. Having heard learned counsel for the parties and
considering the criminal antecedent of the petitioner, this Court
is not inclined to grant anticipatory bail to the petitioner and, as
such, his application for bail is rejected.
7. However, the petitioner is directed to surrender
before the learned trial Court and learned trial court is directed
to consider the fact of this case that no recovery has been made
from the possession of this petitioner rather his name has
surfaced in the groups of persons who have managed to flee
after seeing the police.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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