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Patna High Court

Rajesh DhangadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of antecedent.

Summary

The petitioner, Rajesh Dhangad, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 49 litres of liquor from an under‑construction house belonging to his brother Koriman Dhangad. He asserted a clean antecedent, no possession of liquor, and claimed he was implicated due to enmity between his brother and the house's chowkidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing bail bonds and sureties, and directed verification of the petitioner’s criminal antecedent before confirming the bail. If any antecedent is found, the provisional bail would be revoked; otherwise, it would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83075 of 2025
                 Arising Out of PS. Case No.-194 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Rajesh Dhangad Son of Late America Dhangad R/o Village - Lagunaha
                 Dhangad Toli Ward no. 10, P.S. - Chanpatiya, Dist. - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sarvesh Kashyap
                 For the Opposite Party/s :      Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026               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 49 litres of liquor from an under-constructed house

                   of Koriman Dhnagad.

                             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 being brother of

                   Koriman, came to be implicated. It is next submitted that the

                   house is under construction, as such none of the family
Patna High Court CR. MISC. No.83075 of 2025(3) dt.19-01-2026
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          members are staying in the house and it appears that someone

          inimical to the family concealed meagre amount of liquor with

          an intent to implicate entire family members. It is further

          submitted that Koriman is on an inimical term with Chowkidar

          as such the Chowkidar in order to coerce Koriman into

          submission implicated the petitioner when petitioner admittedly

          is a person with clean antecedent.

                   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 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.

          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

          Chanpatiya P.S. Case No. 194 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 even one case

          then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.83075 of 2025(3) dt.19-01-2026
                                                          3/3




                        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 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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