Ganesh Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14883 of 2025 Arising Out of PS. Case No.-210 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Ganesh Noniya Son of Bhuteli Noniya Village- Benwaliya, P.S.- Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Anjali Kumari, Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Meena Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bihiya P.S. Case No. 210 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that on a bike, 100 pieces of kingfisher beer each of 500 ml was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He further submitted that petitioner is the owner of the

Patna High Court CR. MISC. No.14883 of 2025(2) dt.19-04-2025 2/2 said bike. It has been submitted that he was not apprehended. It has also been submitted that petitioner has given his bike to one of his friends and he has misused his bike. He is not concerned in any way with the alleged recovery. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bihiya P.S. Case No. 210 of 2023, he will 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 learned Exclusive Special Excise Court- 1st, Bhojpur/concerned court subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T