Allowed¶23

Rajesh Noniya v. The State of Bihar

Patna HC20 Mar 2025CR. MISC./10158/2025

Case brief

AI extract

What is this about?

Regular bail granted; Bihar Prohibition and Excise Amendment Act ss. 30(a), 32(1), 32(3), 41(1), 41(2); illicit foreign liquor 1078.560 litres recovered from pickup van; Excise P.S. Case No. 931 of 2024 dated 06.12.2024; Kaimur (Bhabua); petitioner Rajesh Noniya, owner/driver of vehicle, no criminal antecedent, custody since 07.12.2024; bail-bond Rs. 20,000 with two sureties of like amount; condition of attendance on every date else bonds cancellable; Patna High Court CR. MISC. No.10158 of 2025 dt. 20-03-2025; Justice Chandra Prakash Singh.

What did the court decide?

Regular bail granted on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to the condition of physical presence before the learned Court below on each and every date. ¶23

Rajesh Noniya Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, implicated in Excise P.S. Case No. 931 of 2024 registered under ss. 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act, should be enlarged on regular bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kaimur (Bhabhua), in connection with Excise P.S. Case No. 931 of 2024.

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Ratio / Principle

Bail is conditioned on the petitioner remaining physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders the petitioner's bail bonds liable to cancellation.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), oral order dated 20-03-2025 in Criminal Miscellaneous No.10158 of 2025 arising from Excise P.S. Case No. 931 of 2024 (Kaimur Bhabua): regular bail granted to petitioner Rajesh Noniya, in whose case 1078.560 litres of illicit foreign liquor was stated to have been recovered from a pickup van, registered for offences punishable u/ss 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act. Counsel for the petitioner submitted he was innocent, falsely implicated, owner and driver of the vehicle, that nothing was recovered from his conscious possession, and that he had no criminal antecedent; he had been in custody since 07.12.2024. The A.P.P. opposed the bail prayer. Considering the facts, circumstances and period of custody, the Court enlarged the petitioner on bail on a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, conditioned on his physical presence before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bonds are liable to be cancelled. Application stands allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10158 of 2025

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Arising Out of PS. Case No.-931 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua)

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======================================================

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Rajesh Noniya S/O Ishwar Noniya @ Ishwar Chaudhari R/O Village- kochas Ward No. 5, P.S.- Kochas, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 20-03-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 931 of 2024 dated 06.12.2024 registered for the offences punishable u/ss 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act.

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As per the prosecution case, total 1078.560 litres of illicit foreign liquor was recovered from the pickup van.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the owner and the driver of the said vehicle. The petitioner has no concern with the alleged

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Patna High Court CR. MISC. No.10158 of 2025(2) dt.20-03-2025 2/2

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recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.12.2024.

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Learned A.P.P. for the State has vehemently opposed

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the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur (Bhabhua) in connection with Excise P.S. Case No. 931 of 2024, with the condition:-

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Rajesh Noniya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Noniya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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