Patna High Court
Rinku NoniyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Rinku Noniya was arrested in connection with the recovery of 25 litres of illicit country-made liquor from a bush behind his house, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was not in his possession, that the seizure was made in an open area, and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed bail, citing a prior similar offence. The Court, after hearing both sides, considered the lack of direct possession, procedural lapses in seizure, and the petitioner’s custodial status since January, and decided to grant regular bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the District and Additional Sessions Judge‑cumm‑Exclusive Special Excise Court‑II, Kaithar.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
- Impact of the petitioner’s prior criminal antecedent on the bail decision.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 105 compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16068 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- BARSOI District- Katihar
======================================================
Rinku Noniya, S/O Late Yuvraj Noniya Resident of village - Naya Tola
Baltar, Police Station- Barsoi, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from
the bush behind the house of this petitioner, altogether 25 liters
of illicit country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession rather the
recovery is from an open place. He has no concerned with
alleged liquor. It has further been submitted that the witnesses of
Patna High Court CR. MISC. No.16068 of 2026(3) dt.20-04-2026
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seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure. Petitioner
is languishing in judicial custody since 06.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case of
similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-cum-Exclusive Special Excise
Court-II, Kaithar in connection with Barsoi P.S. Case No.02 of
2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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