Patna High Court
Ravidar Noniya @ AnyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under the conditions of Section 482(2) of the B.N.S.S.
Summary
The petitioner, Ravidar Noniya, sought anticipatory bail after police intercepted a motorcycle he owned carrying 40 litres of country-made liquor, leading to a case under Section 30(A) of the Bihar Prohibition and Excise Act. The prosecution alleged that the petitioner was involved based on the seizure and a confessional statement of a co-accused, while the petitioner contended he was falsely implicated and that procedural requirements under Section 105 of the Bharitya Nagrik Suraksha Sanhita were not met. He also highlighted his clean criminal record. The State opposed the bail, arguing the evidence warranted arrest. The court examined the facts, the relevance of the co-accused's statement, and the procedural lapse claim, and decided to grant anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S. The application was allowed, providing the petitioner protection from arrest for six weeks pending surrender.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in a case under Section 30(A) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 105 of the B.N.S.S. were complied with in the investigation.
- Whether the confessional statement of the co-accused can be relied upon to justify denial of bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(A)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharitya Nagrik Suraksha Sanhita
- Section 30(A)
- Section 105
- Section 482(2)
- procedural lapse
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19005 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- Kachna District- Katihar
======================================================
Ravidar Noniya @ Anya Son of Bathu Nuniya R/O Barsoi, Goaltoli, P.S.-
Abadpur, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================n
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 18-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
3. The Petitioner is apprehending his arrest in
connection with Kachna P.S. Case No. 84 of 2025 registered for
the offences punishable under Sections 30(A) of the Bihar
Prohibition and Excise Act.
4. As per the prosecution case, on 25.12.2025 the
informant received a secret information that two persons riding
a motorcycle were coming from Bengal carrying liquor. On the
basis of said information, the informant, along with the police
personal, set up surveillance and intercepted co-accused Md.
Sajid Ali along with the motorcycle. Upon search, total 40 litres
Patna High Court CR. MISC. No.19005 of 2026(3) dt.18-05-2026
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of country-made liquor was recovered from the bag which was
kept on the said motorcycle.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being an owner of the seized
motorcycle. It has further been submitted that the name of the
petitioner has transpired in the confessional statement of co-
accused made before the police while in police custody, which
has got no evidentiary value in the eye of law. It has also been
submitted that the procedure prescribed under Section 105 of
the B.N.S.S. has not been followed. Lastly, it has been
submitted that the petitioner has got no criminal antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory 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 concerned,
Katihar, in connection with Kachna P.S. Case No. 84 of 2025,
Patna High Court CR. MISC. No.19005 of 2026(3) dt.18-05-2026
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subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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