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Patna High Court

Harendra NoniyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties and conditions of cooperation with the investigation.

Summary

Harendra Noniya petitioned for bail in a criminal case involving alleged possession of 147.78 litres of illicit liquor, four cartridges, and participation in an attack on police personnel. The charges were under Sections 191(2), 191(3), 109, 132 and 324(4) of the Bihar Narcotic Substances Act, 2023, Sections 27, 26 and 35 of the Arms Act, and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner argued that no incriminating article was found in his possession, he was not the vehicle owner, and no police officer was injured, while many co‑accused had already been granted anticipatory and regular bail. The State opposed bail citing eight prior criminal cases, four under the Excise Act, but noted the petitioner was already on bail in those matters. Considering the lack of direct evidence against him, the absence of injury, and the precedent of bail to co‑accused, the court ordered the petitioner’s bail on a bond of Rs.10,000 with two sureties and specific conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences and his criminal antecedents
  • Whether the absence of recovered incriminating material and lack of injury to police justify bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • arms act
  • criminal antecedents
  • anticipatory bail
  • regular bail
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14916 of 2026
                      Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Harendra Noniya S/o Jayram Noniya @ Jay Ram Monia R/o Village - Lalanji
                 Ka Dera, P.O and P.S - Brahampur, District - Buxar
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Mishra, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 191 (2), 191 (3), 109, 132

                   and 324 (4) of B.N.S 2023 and Sections 27, 26 and 35 of the

                   Arms Act and Section 30 (a) of Bihar Prohibition and Excise

                   Amendment Act, 2018.

                                3.The allegation is of recovery of 147.780 litres of

                   illicit liquor from Swift car as well as four cartridges from the

                   place of occurrence and 35 persons have been named indulging

                   in attack with police personnel.

                                4. Learned counsel for the petitioner submits that as

                   many as 35 persons have been made accused in the F.I.R with

                   general      and     omnibus      allegation.      Further,     neither        any

                   incriminating article has been recovered from petitioner’s
Patna High Court CR. MISC. No.14916 of 2026(2) dt.25-02-2026
                                             2/3




          possession nor he happens to be the owner of the alleged

          vehicle. Further, no police personnel was injured in the

          occurrence and number of co-accused have been                  granted

          anticipatory as well as regular bail by this Court and also co-

          ordinate Benches of this Court.

                       5. Learned A.P.P for the State opposes the bail petition

          on the ground that the petitioner has eight criminal antecedent

          out of which four are of Excise Act. However, in response, it has

          been submitted that the petitioner is on bail in all the cases.

                       6.Taking       into     consideration   the   facts   and

          circumstances of the case and also considering the fact that no

          recovery was made from the conscious possession of the

          petitioner and no injury has been caused to any one, coupled

          with the fact that persons with similar allegations have been

          granted both anticipatory and regular bail, the above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned Court

          below where the case is pending/successor Court in connection

          with Brahampur P.S. Case No. 181 of 2025, subject to the

          conditions that :

                       (i) One of the bailors shall be the mother of the
             Patna High Court CR. MISC. No.14916 of 2026(2) dt.25-02-2026
                                                         3/3




                       petitioner.

                                     (ii) Petitioner shall co-operate with the process of

                       investigation, if the same has not been concluded as against him

                       by making himself available before the investigating agency as

                       and when required and in case of any non-cooperation, the

                       prosecution would be at liberty to file an application for

                       cancellation of the bail of the petitioner.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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