Patna High Court
Ashok Dharikar @ Ashok DhanikarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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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