Patna High Court
Rajesh DhangadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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/-
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