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Patna High Court

Sardar NoniaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Sardar Nonia, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 20 litres of liquor recovered from a bicycle. The prosecution alleged the liquor was recovered, but the petitioner claimed innocence, stating he neither owned the bicycle nor had any concern with the liquor and that no incriminating material was found in his possession. The petitioner had been in custody since 03-11-2025 and possessed four prior criminal antecedents, and the State argued that Section 103 of the BNSS, 2023 had not been complied with. The court, after considering the facts, the period of custody, and the lack of direct evidence against the petitioner, decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail cancellable on two consecutive defaults.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023 precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • antecedents
  • surety
  • conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91066 of 2025
                   Arising Out of PS. Case No.-132 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
                 ======================================================
                 Sardar Nonia S/O Late Shobh Noniya @ Shobhnath Noniya Resident of
                 Village - Belaon, P.S. - Belaon, District - Kaimur, Bhabua

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Sunil, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Belaon

                   PS Case No. 132 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 20 liters

                   liquor was recovered from bicycle.

                           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. It is submitted

                   that petitioner is not the owner of the bicycle in question and he
           Patna High Court CR. MISC. No.91066 of 2025(2) dt.12-01-2026
                                                       2/2




                     has no concern with the same. The petitioner is in custody since

                     03.11.2025 and has got four criminal antecedent/s. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. 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, after framing

                     of charge, if not already framed, on furnishing bail bonds of

                     Rs.15,000/- (Fifteen thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Belaon PS Case No. 132 of 2025, subject to

                     the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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