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Patna High Court

SANJAY DHANGAR @ SANJAY DHANGADversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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