Patna High Court
Bechan Dhanikar @ Bechan DharikarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Bechan Dhanikar, sought bail in a case (Madhepur P.S. Case No. 254 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 641.28 litres of liquor were recovered from a bush. The petitioner claimed innocence, stating that no incriminating material was found in his possession, his name was derived solely from a co‑accused's confessional statement, and the liquor was seized from an open public area. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his clean criminal record despite being in custody since 5 January 2026. The State opposed the bail. Considering the weak evidentiary basis, the period of custody already served, and the statutory safeguards, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs 15,000 with two sureties of equal amount. The bail was consequently granted.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the evidence.
- Whether the confessional statement of a co‑accused provides sufficient basis for arrest and detention.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- confessional statement
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12454 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- MADHEPUR District- Madhubani
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Bechan Dhanikar @ Bechan Dharikar Son of Feku Dhanikar @ Feku
Dharikar Resident Of Village- Nawada, ps- Madhepura, Dist- 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. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhepur P.S. Case No. 254 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 641.28 liters
liquor was recovered from bush.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.12454 of 2026(2) dt.24-02-2026
2/2
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is further
submitted that the alleged recovery has been made from an open
place and the same is easily accessible to the public at large. The
petitioner is in custody since 05.01.2026 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madhepur P.S. Case
No. 254 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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