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Patna High Court

JahidversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioners subject to bail bonds, sureties and verification of their criminal antecedents under Section 482(2) of the BNSS.

Summary

The petitioners, six residents of Bhagwanpur village, sought anticipatory bail fearing arrest in a case alleging recovery of 15 litres of cough‑syrup and offences under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act, 2016. They contended that they were merely neighbours who went to the scene out of curiosity and were not involved in the alleged illegal trade. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds of Rs 10,000 with two sureties and conditioned the order on verification of their criminal antecedents under Section 482(2) of the BNSS. If any petitioner is found to have concealed a greater antecedent than disclosed, the bail would not be confirmed for that individual. The order thus provides conditional relief pending trial court verification.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the FIR alleging offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act
  • Whether the petitioners’ criminal antecedents, if concealed, affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • cough syrup seizure
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15820 of 2026
                        Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
           1.     Jahid S/O Jainuddin Resident of village-Bhagwanpur ward no.04, Police
                  Station-Jokihat, District-Araria.
           2.    Azad @ Azim @Azam Son of Jamruddin Resident of village-Bhagwanpur
                 ward no.04, Police Station-Jokihat, District-Araria.
           3.    Nahid @ Md. Nahid Son of Azad @Azim Resident of village-Bhagwanpur
                 ward no.04, Police Station-Jokihat, District-Araria.
           4.    Ismail@ Israil Son of Kalimuddin Resident of village-Bhagwanpur ward
                 no.04, Police Station-Jokihat, District-Araria.
           5.    Rageeb Son of Ismail @ Israil Resident of village-Bhagwanpur ward no.04,
                 Police Station-Jokihat, District-Araria.
           6.    Hasim Son of Samsuddin Resident of village-Bhagwanpur ward no.04,
                 Police Station-Jokihat, District-Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mukesh Kumar Rana
                 For the Opposite Party/s :        Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026               1.    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2), 115(2),

                   132, 262, 303(2), 3(5) of the BNS and Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016.

                             3.    Learned counsel for petitioner nos. 1, 2 and 4 have

                   antecedent of two cases and petitioner nos. 3, 5 and 6 have

                   antecedent of one case with clean antecedent and allegation is of
Patna High Court CR. MISC. No.15820 of 2026(2) dt.16-04-2026
                                            2/3




          recovery of 15 litres of cough syrup from a place behind the house of

          Nabi Hasan.

                   4.     It is next submitted that from perusal of the allegation

          as alleged in the FIR, it would manifest that informant alleges that

          Nabi Hasan was apprehended and thereafter he started raising an

          alarm, on account of which, people gathered including the female

          members of the house of Nabi Hasan and they assaulted the police. It

          is further submitted that as far as allegation against the petitioners is

          alleged, they are alleged to have come at the place of occurrence on

          alarm raised by Nabi Hasan but then it is submitted that they are

          neighbour of Nabi Hasan and when police came to the place of

          occurrence, they out of inquisitiveness came to the place of

          occurrence to witness the occurrence when they came to be

          implicated. It is also submitted that petitioners are not alleged to have

          been involved in the occurrence of trade relating to cough syrup.

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

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the event

          of their arrest or surrender within a period of six weeks from today,

          be released on provisional anticipatory bail on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties

          of the like amount each to the satisfaction of the learned trial court

          where the case is pending/successor court in connection with Jokihat
              Patna High Court CR. MISC. No.15820 of 2026(2) dt.16-04-2026
                                                          3/3




                        P.S. Case No.259/2025, subject to the conditions as laid down under

                        Section Section 482(2) of the BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the event

                        if it is found that petitioner nos. 1, 2 and 4 have antecedent of more

                        than two cases and petitioner nos. 3, 5 and 6 have antecedent of more

                        than one case then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their antecedent

                        before this Court, as such, the provisional anticipatory bail order

                        shall not be confirmed with respect to that petitioner who had

                        concealed his criminal antecedent before this Court, but after

                        verification if it is found that petitioner nos. 1, 2 and 4 have

                        antecedent of two cases and petitioner nos. 3, 5 and 6 have

                        antecedent of one case in that event the provisional anticipatory bail

                        order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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