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Patna High Court

Anirudh Dhangad @ Anirudh MahatoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petitioner is not entitled to anticipatory bail.

Summary

The petitioner, Anirudh Dhangad, filed a pre‑arrest (anticipatory) bail petition fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after 20 litres of illicit liquor were recovered from his hut. The prosecution alleged that the liquor was illicit and that the petitioner had a prior criminal antecedent, seeking denial of bail. The petitioner’s counsel argued that no incriminating material was found in his conscious possession and that he was falsely implicated. The State relied on a Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 PLJR 1089) to contend that anticipatory bail should not be granted in such cases. Applying the precedent, the Court rejected the anticipatory bail petition, holding the petitioner not entitled to the relief.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar precludes grant of anticipatory bail in similar circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • pre‑arrest bail
  • Full Bench precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39760 of 2026
                   Arising Out of PS. Case No.-3 Year-2026 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Anirudh Dhangad @ Anirudh Mahato S/O Amerika Dhangad @ Amerika
                 Mahato Resident of Village - Khairwa Mothi, Police Station- Paharpur,
                 District - East Champaran at Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-06-2026                           Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3 . Prosecution case is that 20 liters of illicit liquor

                   was recovered from the hut of this petitioner.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner is innocent and has falsely been

                   implicated in this case. No incriminating material has been

                   recovered from the conscious possession of the petitioner and he

                   is in no way connected with the aforesaid recovery.

                                5. Learned counsel for the State submits that                    the
           Patna High Court CR. MISC. No.39760 of 2026(2) dt.29-06-2026
                                                       2/2




                     recovery has been made from the hut of the petitioner and has

                     one criminal antecedent. He further submits that petitioner is not

                     entitled to the privilege of anticipatory bail in view of Full

                     Bench decision of this Court rendered in the case of Ram Vinay

                     Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089

                     (F.B.).

                                  6. Considering the aforesaid decision of this Court,

                     this pre-arrest bail petition is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/Sanjay-

U      T


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