Jitendra Dhangar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16660 of 2026 Arising Out of PS. Case No.-58 Year-2026 Thana- BUDDHACOLONY District- Patna ====================================================== Jitendra Dhangar S/O Late Ganga Dhangar Resident of village- Chinakothi, Harijan colony, P.s- Budhacolony, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 20-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Budhacolony P.S. Case No. 58 of 2026, registered for the offences punishable under section 30(a) of the Bihar Prohibition & Excise Act, 2022.
3. As per the prosecution story which has been lodged on the basis of the written report submitted by the informant to the effect that on 29.01.2026 at about 17.00 hours, while he was on patrolling duty, he received a secret information that one Jitendra Dhangar (petitioner herein) is selling liquor from his house. The informant along with police party proceeded to verify the authenticity of the information and reached at the place of occurrence. Upon seeing the police party, one person
Patna High Court CR. MISC. No.16660 of 2026(4) dt.20-05-2026 2/3 started fleeing and despite chase, he managed to escape. Upon search of the house of the petitioner, 27 litres of country made liquor and 7.920 litres of foreign liquor was recovered and seizure list was prepared accordingly.
4. The learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. The entire allegations levelled against the petitioner in the F.I.R. are false and baseless. The petitioner was not present at the place of occurrence and nothing has been recovered from his conscious possession. He further submits that the petitioner has got no concern with the seized liquor and he resides outside the village for his livelihood. The petitioner has got a clean antecedent.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties and after going through the records, it appears that 27 litres of country made liquor and 7.920 litres of foreign liquor was recovered from the house of the petitioner, but the petitioner was not found present in his house and therefore, there is no question of any recovery from his possession. The petitioner has got a clean antecedent. Considering the same, let the above named petitioner, in the event of arrest/surrender within a period
Patna High Court CR. MISC. No.16660 of 2026(4) dt.20-05-2026 3/3 of six weeks, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Budhacolony P.S. Case No. 58 of 2026, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J) vinita/- U T