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Patna High Court

Bechan Dhanikar @ Bechan DharikarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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