Patna High Court
Md. ArbajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to the stipulated bond and surety conditions, as the circumstances and his clean record warrant release.
Summary
The petitioner, Md. Arbaj, was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged recovery of 11.415 litres of Nepali liquor from a motorcycle registered as BR32AB 3734. The petitioner claimed he was the former owner of the motorcycle, having sold it on 24.05.2025, and asserted that he was not present at the scene and had no criminal antecedent. The State opposed his request for anticipatory bail, arguing the seriousness of the offence. The Court considered the petitioner’s clean record, his cooperation with the investigation, and the circumstances of the alleged incident. It ordered that, should the petitioner be arrested or surrender within six weeks, he be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order effectively granted anticipatory bail with specified conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the petitioner’s clean antecedent and cooperation justify the grant of bail despite the seriousness of the alleged offence.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- motor vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32254 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- KHIRHAR District- Madhubani
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Md. Arbaj Son of Md. Chutkan @ Chhotakan Miya R/O Village - Baldiha,
Near SSB Camp, P.S.- Jay Nagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Khirhar P.S. Case No. 25 of 2026, instituted under Section
30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of
11.415 litres of Nepali liquor from a motorcycle bearing
Registration No. BR32AB 3734. Rider of the motorcycle
managed to flee away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case being owner of the said motorcycle. Petitioner was not
present on the spot. Nothing has been recovered from the
conscious possession of the petitioner. Petitioner had already
Patna High Court CR. MISC. No.32254 of 2026(2) dt.13-05-2026
2/2
sold the said motorcycle to one Rupesh Kumar on 24.05.2025.
Petitioner has no criminal antecedent. Petitioner undertakes to
co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise, Madhubani in connection with Khirhar P.S. Case No. 25
of 2026, subject to the conditions laid down in Section 482 (2)
of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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