Patna High Court
Dhanu KhalifaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
Dhanu Khalifa was arrested in connection with the recovery of 100 litres of illicit liquor from his residence, alleged to violate Sections 30(a), 37 and 41(1) of the Bihar Prohibition and Excise Act, 2022. He applied for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the circumstances, granted regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission, and attend the police station every Sunday. The order was made subject to Section 482(2) of the B.N.S.S. and clarified that the observations were prima facie and not a determination on the merits. The bail was thus released with specific conditions.
Issues considered
- Whether regular bail should be granted to the accused in offences under the Bihar Prohibition and Excise Act, 2022 involving alleged possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 37, 41(1)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41416 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
Dhanu Khalifa Son of Late Ganesh Khalifa Resident of Village- Siswa
Basant, P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Kalyanpur P.S. Case No. 60 of 2025, registered for the offences
punishable under Sections 30(a), 37 & 41(1) of the Bihar
Prohibition and Excise Act, 2022.
3. As per the prosecution case, there is recovery of
100 litres of illicit liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 04.04.2026. The petitioner
undertakes to donate a sum of Rs. 25,000/- (Rupees Twenty-
Five Thousand Only) to a charitable organization, without
prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.41416 of 2026(2) dt.25-06-2026
2/3
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Kalyanpur P.S. Case
No. 60 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. with further conditions that:-
(i) The petitioner shall
deposit a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) with
Ramakrishna Mission Sevashrama,
Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar 842002 and shall
produce a valid receipt thereof before
the court below. The bail bonds shall
be accepted only after verification of
the genuineness of the said receipt.
(ii) The petitioner shall
mark his attendance at Kalyanpur
Police Station on every Sunday of
each month. In the event of default,
the bail bonds shall be liable to be
cancelled.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.41416 of 2026(2) dt.25-06-2026
3/3
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.