Patna High Court
Arijul Sekh @ Arijul Sk.versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, as the allegations did not establish his personal possession of the contraband and he has a clean criminal antecedent.
Summary
Arijul Sekh, the owner of a truck from which 9,672 litres of illicit liquor were seized, applied for anticipatory bail after learning that he might be arrested in connection with Excise P.S. Case No. 07 of 2022 under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The prosecution alleged that the driver and co‑driver of the vehicle could not be identified and the vehicle was seized at a check post. The petitioner contended that he had no physical possession of the liquor, was merely the owner of the vehicle, and had no prior criminal record. The State opposed the bail. The High Court, noting the lack of direct possession, the petitioner’s clean antecedent, and the fact that the implication was solely on ownership, granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the owner of a vehicle from which illicit liquor was seized, when no direct possession is established.
- Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permit bail in a case under the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- ownership vs possession
- criminal antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10845 of 2026
Arising Out of PS. Case No.-7 Year-2022 Thana- Excise P.S. District- Kishanganj
======================================================
Arijul Sekh @ Arijul Sk. Son of Abu Shekh Resident of Village- Hazrapota
Palasi, P.S.- Kaliganj, District- Nadia (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Excise P.S. Case No. 07 of 2022, registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act and the cognizance has been taken under Sections 30(a),
32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that on
09.04.2022, the informant along with other police personnel
were checking vehicle at the Galgalia check post. During
checking, a truck which was coming from West Bengal was
asked to be stopped by the police team. Upon questioning,
neither the driver nor the co-driver gave any clear answer. The
police then took both of them into custody and began searching
Patna High Court CR. MISC. No.10845 of 2026(2) dt.17-02-2026
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the vehicle. Upon search, a total 9672.000 litres of illicit liquor
was recovered from the vehicle. When asked for their names
and addresses, the driver gave his name as Md. Amzad and the
co- driver gave his name as Md Arman. Accordingly, the seizure
list was prepared in presence of witnesses.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has been
implicated because he is the owner of the seized vehicle.
Nothing has been recovered from the conscious physical
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that no recovery has been
made from the conscious physical possession of the petitioner
and he has simply been implicated because he is the owner of
the seized vehicle and also taking into account the fact that the
has clean antecedent, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
Patna High Court CR. MISC. No.10845 of 2026(2) dt.17-02-2026
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from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge
Excise II, Kishanganj in connection with Excise P.S. Case No.
07 of 2022, subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also
further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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