Balram Noniya @ Blia Noniya Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate For the State : Mr. Rabindra Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 29-07-2026 Heard the parties.

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The petitioner is apprehending his arrest in connection with Sheikhpura Excise P.S. Case No. 94 of 2026 for the offence under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act lodged on 18.02.2026 by the informant, Smriti Kumari.

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As per the prosecution story, the Police intercepted a motorcycle and recovered/seized 1 liter country made liquor. This led to the FIR.

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Learned counsel for the petitioner submits that Biru Kumar who has been arrested is his son and had taken motorcycle which is in his name, has no criminal antecedent.

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Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon’ble Patna High Court in

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Patna High Court CR. MISC. No.48489 of 2026(2) dt.29-07-2026 2/4

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the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

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Learned APP opposes the prayer submitting that he owns the motorcycle.

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Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra) , as also that his son Biru Kumar was arrested, he is the owner of the motorcycle having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

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However, if it is found that contrary to the paragraph no.3 of the petition, the petitioner has criminal antecedent, the present order shall be come infructuous.

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of like amount each to the

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Patna High Court CR. MISC. No.48489 of 2026(2) dt.29-07-2026 3/4

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satisfaction of learned Exclusive Special Excise Court, Sheikhpura in connection with Sheikhpura Excise P.S. Case No. 94 of 2026 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

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(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iv) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;

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(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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Patna High Court CR. MISC. No.48489 of 2026(2) dt.29-07-2026 4/4

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(vi) the petitioner shall desist from committing any

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criminal offence again, failing which the State shall be at liberty

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to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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vinayak/-