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Patna High CourtCR. MISC./63218/2025disposed

Chandan Noniya v. The State Of Bihar

2025-09-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63218 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== Chandan Noniya, Male, Aged about 26 years, 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, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard Mr. Abhishek Mishra, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Brahampur P.S. Case No. 137 of 2025 registered for the offence punishable under Section 30 (a) and 41 of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 4.32 litres of illicit foreign liquor from the shop of co-accused Aman Kumar.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been implicated in the

Patna High Court CR. MISC. No.63218 of 2025(2) dt.24-09-2025 2/3 present case on the basis of confessional statement made by coaccused Aman Kumar, who was arrested on the spot. Recovery of illicit liquor was made from the shop of co-accused Aman Kumar and petitioner has no concern with the alleged seized liquor nor he is involved in trade of liquor in any manner. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the FIR and the quantity of liquor, which has been recovered from the shop of co-accused Aman Kumar, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, 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 District Court where the case is pending, in connection with Brahampur P.S. Case No. 137 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in

Patna High Court CR. MISC. No.63218 of 2025(2) dt.24-09-2025 3/3 paragraph no. 3, this order will lose its force automatically.

8. The petitioner will make his attendance before the concerned police station under which his house is located every week till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the police station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction.

9. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T