Harendra Noniya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21595 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== Harendra Noniya S/O Jairam Noniya @ Jayram Monia Resident of villageLalanji ka dera, P.S.- Brahmpur, Dist.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Brahmpur P.S. Case No. 24 of 2025 instituted for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 182.88 litres of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot, rather his name was disclosed by the apprehended co-accused person. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.21595 of 2025(2) dt.07-04-2025 2/2 possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicles in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.03.2025 and has five criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Brahmpur P.S. Case No. 24 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T