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Patna High Court

Anil NoniyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents, and conditioned confirmation of bail on the finding of at most one prior case.

Summary

The petitioner, Anil Noniya, sought anticipatory bail fearing arrest in a case under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act, where 2,200 litres of spirit and three motorcycles were seized. He argued that he was not in possession of the seized items, was not the owner of the vehicles, and was implicated solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith. The decision rests on the exercise of the Court’s inherent powers under Section 482(2) of the CrPC and the lack of direct evidence linking the petitioner to the seized contraband.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in the circumstances of the case.
  • Whether a confessional statement made by a co-accused in police custody can form a basis for arrest and denial of bail.
  • Whether the seizure of spirits and vehicles, without the petitioner’s possession, justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • seizure of contraband
  • criminal antecedent
  • Section 482
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90937 of 2025
                   Arising Out of PS. Case No.-382 Year-2025 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Anil Noniya S/o- Ram Narayan Noniya Village- Jamua PS- Madanpur
                 District-Aurangabad

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Singh
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30(a), 34,

                   36 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 2200 litres of spirit from a car and

                   three motorcycles were seized.               It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicles and he came to be implicated based

                   on confessional statement of Sachin in police custody which

                   does not have any evidentiary value. It is next submitted that
Patna High Court CR. MISC. No.90937 of 2025(2) dt.12-01-2026
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          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees five 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

          Madanpur P.S. Case No.382/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.90937 of 2025(2) dt.12-01-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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