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Patna High Court

Dhanu KhalifaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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
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                      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


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