Patna High Court
SANJAY DHANGAR @ SANJAY DHANGADversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond and conditions.
Summary
The petitioner, Sanjay Dhangar, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 45 litres of liquor were recovered from three locations, only 26 litres allegedly from his house, which is joint family property. He contended that he had no conscious possession, that the 2018 amendment abolished the concept of deemed possession, and that the complaint was filed by a hostile watchman. The State opposed the bail. The High Court, considering the petitioner’s clean antecedent and the lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and further conditions under Section 482(2) of the CrPC. The order directs verification of his antecedent by the Special Judge, with confirmation of bail if no prior cases are found. The petitioner also undertook to deposit Rs.1500 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged liquor was recovered from joint family property.
- Whether the amendment removing the concept of deemed possession affects the prosecution’s case against the petitioner.
- Whether the petitioner’s clean criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- deemed possession
- joint family property
- Section 482 CrPC
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89557 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Sanjay Dhangar @ Sanjay Dhangad S/o Late Basudev Dhangar Resident of
village- Laukariya, Dhangar toli, ward no 06, Ps- Chanpatia, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 45 litres of liquor from three different places out of
which 26 litres of liquor is alleged to have been recovered from
the house of the petitioner. It is next submitted that petitioner
was not arrested from the spot, as such, nothing was recovered
from his conscious possession and the house in question is a
joint family property, as such, it cannot be alleged with certainty
Patna High Court CR. MISC. No.89557 of 2025(2) dt.30-01-2026
2/3
that it was petitioner who had kept the liquor in the house or the
liquor kept in the house was within his knowledge and after
amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with and he came to be implicated at the instance of Chowkidar
with whom he is on an inimical terms. It is also submitted that if
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution, when petitioner admittedly is a person
with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise, Bettiah, West Champaran in connection with Chanpatia
P.S. Case No.218 of 2025, subject to the conditions laid down
Patna High Court CR. MISC. No.89557 of 2025(2) dt.30-01-2026
3/3
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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