Jitendra Dhangad @ Jitendr Dhangad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Jitendra Dhangad @ Jitendr Dhangad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed provisionally: release on arrest or surrender within six weeks on bail bonds of Rs. 5,000 with two sureties of the like amount each to the satisfaction of the learned Trial Court/Successor Court in Majhauliya P.S. Case No. 321 of 2026, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.; confirmation subject to verification of criminal antecedents (not confirmed if more than one case found; confirmed forthwith if only one case found).

Issue for consideration

Whether the petitioner, who apprehends arrest in Majhauliya P.S. Case No. 321 of 2026 registered for offences under Sections 132, 191(2), 190, 126(2), 115(2) and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender within six weeks, the petitioner is to be released on furnishing bail bonds of Rs. 5,000 with two sureties of the like amount each, to the satisfaction of the learned Trial Court/Successor Court in Majhauliya P.S. Case No. 321 of 2026, subject to the conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.

Ratio / Principle

Confirmation of the provisional anticipatory bail is made contingent on the Trial Court verifying the petitioner's criminal antecedents: if more than one case is found, the petitioner would be presumed to have concealed his antecedent at para 3 of the anticipatory bail application and the provisional bail order shall not be confirmed; if verification shows only one case, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Satyavrat Verma, J.), order dt. 17-06-2026 - petitioner apprehending arrest in Majhauliya P.S. Case No. 321 of 2026 (Thana Majhauliya, West Champaran) for offences under Sections 132, 191(2), 190, 126(2), 115(2) and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 - allegation of recovery of 8 litres of liquor from a place behind the school; petitioner submitted he was not arrested from the spot, the recovery spot neither belongs to him nor is inaccessible to villagers, and the informant's name is undisclosed in the FIR - provisional anticipatory bail granted: on arrest or surrender within six weeks, release on bail bonds of Rs. 5,000 with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S. - Trial Court to verify criminal antecedents; if more than one case found, concealment presumed and provisional bail not confirmed; if only one case found, confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37593 of 2026

Arising Out of PS. Case No.-321 Year-2026 Thana- MAJHAULIA District- West Champaran

======================================================

Jitendra Dhangad @ Jitendr Dhangad Son of Ramchandra Dhangad @ Ramchandr Dhagnad Resident of village- Amvaman Bazar PS- Majhauliya Distt -West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gyan Prakash, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 17-06-2026

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 132, 191(2), 190, 126(2), 115(2) and 3(5) of the BNS as well as Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 8 litres of liquor from a place behind the school.

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

Patna High Court CR. MISC. No.37593 of 2026(2) dt.17-06-2026 2/3

recovery is from a place which does not belong to the petitioner and is accessible to villagers at large. It is next submitted that petitioner came to be implicated at the instance of the local person but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioner has not been implicated based on the secret information.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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.5,000/- (Rupees Five Thousand) 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 Majhauliya P.S. Case No. 321 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.

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 more than one

Patna High Court CR. MISC. No.37593 of 2026(2) dt.17-06-2026 3/3

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 shall not be confirmed but if it is found on verification that petitioner has antecedent of only one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Kundan/-

U T