Patna High Court
Harendra NoniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act — s. 26, 27, 35
- Bihar Narcotic Substances Act, 2023 — s. 109, 132, 191(2), 191(3), 324(4)
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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