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

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 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