Patna High CourtCR. MISC./70052/2023allowed

Rohit Nonia @ Rohit Noniya v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70052 of 2023 Arising Out of PS. Case No.-902 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Rohit Nonia @ Rohit Noniya S/O Shankar Noniya Resident Of VillageDannagar, Ward No.-14, P.S And Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 1.620 liter of illegal foreign liquor from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the wine in question. On the basis of suspicion, petitioner has been implicated in this case. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.70052 of 2023(2) dt.02-11-2023 2/2 petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. He is languishing in judicial custody since 08.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court concerned in connection with Khagaria P.S. Case No. 902 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T