Patna High Court
CR. MISC./47927/2026 of Dhanji Singh @ Dhanji Kumar Vs The State of Bihar on 16 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47927 of 2026 Arising Out of PS. Case No.-74 Year-2026 Thana- HATHUA District- Gopalganj ====================================================== Dhanji Singh @ Dhanji Kumar S/o Virabahadur Bhagat @ Veerbahadur Singh Resident of Village- Bara
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47927 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- HATHUA District- Gopalganj ======================================================
Dhanji Singh @ Dhanji Kumar S/o Virabahadur Bhagat @ Veerbahadur Singh Resident of Village- Bara Koirauli, Machhagar Patti Jagdish Gopalganj, P.S.- Hathwa, District- Gopalganj, Bihar, Pin- 841436
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Anand Kumar, Advocate
For the Opposite Party/s :
Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
16-07-2026
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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 15 litres of liquor from a bush.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be implicated at the instance of the local person but then it is Patna High Court CR. MISC. No.47927 of 2026(2) dt.16-07-2026
submitted that if the local person was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution.
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 appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender 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 Hathua P.S. Case No. 74 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order Patna High Court CR. MISC. No.47927 of 2026(2) dt.16-07-2026
shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T