Chandan Noniya v. The State Of Bihar
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 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