Patna High Court

Rameshwar Dhangad @ Rameshwar MahtoversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Rameshwar Dhangad, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 27 litres of liquor from a washroom adjacent to his house. He claimed the liquor was not in his conscious possession and that a watchman, with whom he had an inimical relationship, implicated him. The petitioner had one prior case under the Excise Act. The State opposed anticipatory bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on a Rs.5,000 bond with two sureties, subject to verification of his criminal antecedent. If more than one prior case is found, the bail will not be confirmed; otherwise, it will be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
Whether the alleged recovery of liquor from a washroom constitutes sufficient grounds for arrest.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
criminal antecedent
liquor recovery
washroom
watchman

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7601 of 2026
                  Arising Out of PS. Case No.-429 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Rameshwar Dhangad @ Rameshwar Mahto S/o Late Akalu Dhangad
                 Resident of village - Dhangadpatti, P.S.- Jogapatti, Distt.- West Champaran
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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

                   petitioner has antecedent of one case under the excise act and

                   allegation is of recovery of 27 liters of liquor from a washroom

                   beside the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a washroom which is adjacent to his house and he

                   came to be implicated at the instance of Chowkidar with whom he

                   is on an inimical term.

                                5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.7601 of 2026(2) dt.23-02-2026
                                                        2/2




                      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 before the learned Trial Court within a

                      period of six weeks from today, be released on Provisional

                      anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

                      Five Thousand) 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 Yogapatti P.S. Case

                      No. 429 of 2025 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 more than 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 anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.


                                                              (Satyavrat Verma, J)

Rishabh/-
U      T

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