Patna High Court
Chandan NoniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Summary
The petitioner, Chandan Noniya, was arrested in connection with alleged illegal possession of 55.665 litres of liquor recovered from the house of Urmila Devi, invoking Sections 30(a) and 41 of the Bihar Excise Act. He contended that the liquor was not in his conscious possession, that the recovery occurred at a location unrelated to him, and that the case against him relied solely on a confessional statement made by Urmila while in police custody, which he argued lacks evidentiary value. The petitioner also disclosed a history of ten prior cases, six of which pertain to the Excise Act, and had been in custody since 15‑11‑2025. The State opposed bail, citing the seriousness of the offences and the petitioner’s criminal antecedents. The Court, after considering the submissions, held that the lack of direct evidence and the reliance on a custodial confession warranted release on bail, subject to a bond of Rs.10,000 and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Excise Act given the circumstances of the case.
- Whether a confessional statement made by a co‑accused in police custody can form the basis for continued detention.
- Whether the petitioner’s prior criminal record, including six excise cases, precludes the grant of bail.
Subjects
- bail
- excise law
- Section 30(a)
- Section 41
- confessional statement
- prior criminal record
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2584 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Chandan Noniya S/o Jayram Noniya @ Jay Ram Monia R/o - Lalanji Ka
Dera, P.O And P.S - Brahampur, District - Buxar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Mishra, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 41 of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of ten cases out of which six cases are
under the Excise Act and allegation is of recovery of 55.665
liters of liquor from house of Urmila Devi.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he has no concern or relation with Urmila but then he came
Patna High Court CR. MISC. No.2584 of 2026(2) dt.30-01-2026
2/2
to be implicated based on confessional statement of Urmila in
police custody which does not have any evidentiary value. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is next submitted that petitioner is in custody
since 15-11-2025.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on 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 trial court where the case is
pending/successor court in connection with Brahampur P.S.
Case No. 159 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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