Allowed¶18

Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal Dharikar v. The State of Bihar

Patna HC24 Feb 2026CR. MISC./12902/2026

Case brief

AI extract

What is this about?

Bail granted; Patna High Court CRL.MISC. No.12902 of 2026, order dt. 24-02-2026; judge Rudra Prakash Mishra; Madhepur P.S. Case No. 254 of 2025, District Madhubani; offence under Section 30(a) Bihar Prohibition and Excise Act; liquor recovery 641.28 litres total, 161.28 litres from petitioner's joint house; petitioner in custody since 05.01.2026; one criminal antecedent, on bail; non-compliance of Section 103 Bharatiya Nagarik Suraksha Sanhita, 2023 argued by defence; bail bonds Rs. 15,000 with two sureties of like amount.

What did the court decide?

Release of the petitioner on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Madhepur P.S. Case No. 254 of 2025. ¶18

Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal Dharikar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted bail in connection with Madhepur P.S. Case No. 254 of 2025, instituted for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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Court's answer

Bail is granted to the petitioner considering the facts and circumstances of the case and the period of custody undergone by him.

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Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Madhepur P.S. Case No. 254 of 2025.

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Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), oral order dated 24-02-2026: bail granted to Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal Dharikar in connection with Madhepur P.S. Case No. 254 of 2025 (District Madhubani), instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution alleged recovery of 641.28 litres of liquor in all, of which 161.28 litres was said to have been recovered from the petitioner's house; defence contended the recovery was from a joint house where other family members reside, that the petitioner was not arrested on the spot and was named only through a co-accused's confessional statement, that he was in custody since 05.01.2026 with one criminal antecedent (on bail), and that there was no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The learned APP opposed the bail prayer. Granting bail on consideration of the facts, circumstances and period of custody, the Court directed release on bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12902 of 2026

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Arising Out of PS. Case No.-254 Year-2025 Thana- MADHEPUR District- Madhubani

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

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Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal Dharikar S/o Bouku Dharikar R/o Village - Nawada, P.S - Madhepur, District - Madhubani

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... ... Petitioner/s

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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

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ORAL ORDER

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2 24-02-2026

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Heard learned counsel for the petitioner and

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learned APP for the State.

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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.

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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.

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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

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Patna High Court CR. MISC. No.12902 of 2026(2) dt.24-02-2026 2/2

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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.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

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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.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal Dharikar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Devilal Dhanikar @ Harkhu Dharikar @ Harkhu Dhanikar @ Devilal Dharikar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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