Harendra Noniya v. The State Of Bihar

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 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 coordinate 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