Patna High Court
Chandan NoniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail may be granted subject to a bail bond and sureties under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Chandan Noniya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illicit liquor, with 10.52 litres seized from his house. He applied for anticipatory bail, claiming innocence, lack of an independent witness during the seizure list preparation, and asserting that the seizure violated statutory provisions. The State opposed the bail, citing the seriousness of the offence. The Court considered the petition and, applying Section 482(2) of the B.N.S.S., 2023, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The order is subject to the satisfaction of the Exclusive Special Judge, Excise‑2, Buxar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor and preparation of the seizure list complied with statutory requirements.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure
- Section 30(a)
- Section 482(2)
- bail bond
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35292 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- BRAHMPUR District- Buxar
======================================================
Chandan Noniya Son of Jayram Noniya Resident of Village - 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, Adv
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
1 27-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Brahampur P.S. Case No. 124 of 2026
registered for the offence punishable under Sections 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the FIR, on 30.04.2026, during patrolling
duty, the police received secret information that the petitioner,
Chandan Noniya, was selling illicit liquor from his house. On
reaching the spot, the petitioner fled away. During the search of
his house, police recovered 10.52 liters of foreign liquor
concealed beneath a bed, which was seized after preparing a
seizure list in presence of police witnesses.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the alleged recovery
Patna High Court CR. MISC. No.35292 of 2026(1) dt.27-05-2026
2/2
was made from the house which is in given possession. It is also
submitted that no independent witness was present at the time of
preparation of the seizure list, and the same was prepared in
violation of the statutory provisions. Lastly, it is submitted that
the petitioner has ten criminal antecedents and is on bail in all
the aforesaid cases and are ready to abide by all terms and
conditions as may be imposed by this Court while granting the
privilege of anticipatory bail.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
Learned Exclusive Special Judge Excise-2, Buxar, in connection
with Brahampur P.S. Case No. 124 of 2026, subject to the
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
niku/anuj/- (Ajit Kumar, J)
U T
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