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Patna High Court

Ashok Dharikar @ Ashok DhanikarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail on furnishing a bond of Rs.10,000 with two sureties, subject to cancellation if an antecedent under the Act is later discovered.

Summary

Ashok Dharikar was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 36 litres of Nepali liquor were recovered from his room and three co‑accused escaped. He had been in custody since 23‑12‑2025 and claimed no prior offences under the Act. The petitioner sought regular bail, arguing lack of antecedent and willingness to cooperate with the investigation. The State opposed the bail. The Court, noting the absence of any prior record and the length of custody, granted bail on condition of a Rs.10,000 bond with two sureties and stipulated that bail could be cancelled if an antecedent is later discovered.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Act, 2016 in view of the facts of the case.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • liquor seizure
  • antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10182 of 2026
                    Arising Out of PS. Case No.-254 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Ashok Dharikar @ Ashok Dhanikar S/o Bouku Dharikar R/o Village -
                 Nawada, P.S - Madhepur, District - Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-02-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Madhepur P.S. Case

                   no.254 of 2025 (G.R. no.795 of 2025) registered under section

                   30(a) of the Bihar Prohibition and Excise Act, 2016.

                                    3. As per the prosecution case, while three accused

                   persons are said to have escaped, 36 litres of nepali liquor was

                   recovered from the room of the petitioner.

                                  4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from his possession or

                   from his room. It is submitted that the petitioner has no

                   antecedent under the Bihar Prohibition and Excise Act, 2016

                   and is in custody since 23.12.2025. He undertakes to cooperate

                   in the investigation/trial.
            Patna High Court CR. MISC. No.10182 of 2026(2) dt.17-02-2026
                                                        2/2




                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the FIR, the

                      petitioner being in custody since 23.12.2025 and specially the

                      petitioner not having any antecedent under the Bihar Prohibition

                      and Excise Act, 2016, the Court directs the petitioner to be

                      enlarged on bail in connection with Madhepur P.S. Case no.254

                      of 2025 (G.R. no.795 of 2025) on furnishing bail bond of

                      Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Special Judge,

                      Excise Act, Jhanjharpur, District Madhubani on the following

                      condition:

                                   (i) In case it subsequently transpires that the petitioner

                      had an antecedent under the Bihar Prohibition and Excise Act,

                      2016, the prosecution will be at liberty to move this Court for

                      cancellation of bail of the petitioner.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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