Created by Fuzzy Cloud

Patna High Court

Arijul Sekh @ Arijul Sk.versusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.