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Patna High Court

Arju Hussain @ Aarjoo KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner on the basis of the vehicle's prior sale and his clean antecedent.

Summary

The petitioner, Arju Hussain, was named in an FIR for alleged involvement in transporting 673.2 liters of illicit liquor using a vehicle that bore police markings. He contended that he was merely the registered owner of the vehicle, which had been sold to Kamlesh Kumar Singh on 12-02-2022, well before the alleged offence on 21-10-2023, and that all statutory sale formalities under the Motor Vehicles Act had been completed. The State opposed his anticipatory bail, arguing that ownership of the vehicle linked him to the offences under IPC sections 414, 467, 468, 472, 34 and the Bihar Prohibition and Excise Amendment Act. The Court noted the sale of the vehicle and the petitioner's clean antecedent, and held that there was no prima facie case to deny bail. Accordingly, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR alleging his involvement in illicit liquor transport.
  • Whether the sale of the vehicle prior to the alleged offence discharges the petitioner from liability.
  • Applicability of Section 438 Cr.P.C. and Section 482 B.N.S.S. in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • vehicle ownership
  • clean antecedent
  • IPC offences
  • Bihar Prohibition Act
  • Motor Vehicles Act
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40074 of 2026
                     Arising Out of PS. Case No.-106 Year-2023 Thana- KORANSARAI District- Buxar
                 ======================================================
                 Arju Hussain @ Aarjoo Khan S/o Akaram Khan R/o Village - Sarimpur, P.S -
                 Buxar(Ind), Dist- Buxar.
                                                                           ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Dimpal Kumari, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Koran Sarai P.S.

                   Case No. 106 of 2023 registered for the offences punishable

                   under Sections 414, 467, 468, 472, 34 of the Indian Penal Code

                   and section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2018.

                             3. As per FIR, co-accused persons were apprehended

                   with 673.2 liters of prohibited/illicit liquor. It is also alleged that

                   accused persons were using the vehicle for carrying

                   consignment of illicit liquor under the sticker and impression

                   that the vehicle is of Police.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner implicated with the present crime in
Patna High Court CR. MISC. No.40074 of 2026(2) dt.22-06-2026
                                            2/3




          question and recovery of illicit liquor only for the reason that he

          was the registered owner of the vehicle which alleged to be

          involved in carrying of illicit liquor.

                   5. It is submitted that in fact the vehicle in issue was

          sold long back to one Kamlesh Kumar Singh on 12.02.2022,

          whereas the present occurrence took place on 21.10.2023 i.e.

          after about 1½ year. It is submitted that all the basic formalities

          like signing of statutory Form No. 29 & 30 (Annexure 2 series)

          regarding sale of the vehicle as prescribed under the Motor

          Vehicles Act was completed, but the vehicle was not transferred

          and in meantime it was apprehended with illicit liquor.

          Petitioner claimed clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as the vehicle in issue prima facie appears

          sold to one Kamlesh Kumar Singh before the occurrence, for

          which the prescribed statutory form has already been signed in

          terms of Annexure ‘2’ series as discussed aforesaid, accordingly,

          above-named petitioner, who is a man of clean antecedent, in

          the event of his arrest/surrender within a period of four weeks

          from this order, is directed to be enlarged on bail on furnishing
           Patna High Court CR. MISC. No.40074 of 2026(2) dt.22-06-2026
                                                       3/3




                     of bail bond of Rs.10,000/- (ten thousand only) with two

                     sureties of the like amount each to the satisfaction of learned

                     Special Excise Court No. 1, Buxar/concerned court in

                     connection with Koran Sarai P.S. Case No. 106 of 2023, subject

                     to the conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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