Patna High Court

Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal DharikarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Devilal Dhanikar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 161.28 litres of liquor were recovered from his house. The prosecution’s case relied on the quantity of liquor seized and a confessional statement of a co‑accused linking the petitioner to the offence. The petitioner contended that no liquor was found in his conscious possession, that the statement of the co‑accused lacked evidentiary value, and that the recovery was from a joint family house. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his prior bail in another case. The State opposed bail, but the Court, considering the weak evidential basis and the period of custody, granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the evidentiary material and procedural compliance.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
confessional statement
evidentiary value
procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12902 of 2026
                    Arising Out of PS. Case No.-254 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal
                 Dharikar 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. Dilip Kumar No. 1, 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 total 641.28

                   liters liquor was recovered out of which 161.28 liters liquor was

                   recovered from the house of petitioner.

                                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

                   for the petitioner also submitted that the petitioner was not
             Patna High Court CR. MISC. No.12902 of 2026(2) dt.24-02-2026
                                                         2/2




                       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 joint

                       house of the petitioner where other family members also reside.

                       The petitioner is in custody since 05.01.2026 and has got one

                       criminal antecedent in which he is on bail. 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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