Patna High Court
Shah SohrabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner.
Summary
Shah Sohrab was arrested in connection with an NDPS case (Sections 21(C) and 22) after 240 litres of Codeine Eskuf Syrup were seized from a vehicle. He was not the owner or driver, and his name appeared only through the confession of co‑accused Md. Juber, who had already been granted bail. The petitioner asserted that he had no criminal antecedents and had been in judicial custody since 14‑09‑2025. The State opposed regular bail, but the court noted the lack of possession, the bail already granted to similarly situated co‑accused, and the petitioner’s clean record. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 21(C) and 22 of the NDPS Act despite his alleged involvement in the seizure of 240 litres of codeine syrup.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(C), 22
Subjects
- bail
- NDPS Act
- codeine
- regular bail
- criminal antecedent
- co‑accused confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1615 of 2026
Arising Out of PS. Case No.-262 Year-2021 Thana- ARARIA District- Araria
======================================================
Shah Sohrab Son of Shah Rakam @ Rakim Resident of Village- Karore
Dighli Ward No. 09, P.S.- Palasi, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a
case registered for the offence punishable under Sections 21(C)
and 22 of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 240
liters of Codeine Eskuf Syrup was recovered from the vehicle.
The petitioner is neither the owner nor the driver.
4. It has been submitted by the learned counsel for
the petitioner that nothing has been recovered from his
possession and he is not in any way concerned with the alleged
recovery. His name has come on the basis of confessional
statement of co-accused Md. Juber, the driver of the vehicle and
he has already been granted bail by the learned Co-ordinate
Patna High Court CR. MISC. No.1615 of 2026(2) dt.06-02-2026
2/2
Bench of this Court vide Cr. Misc. Case No. 38484 of 2021.
Similarly situated other co-accused person has already been
granted bail by this court vide Cr. Misc. No. 32101 of 2024. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 14.09.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Araria P.S. Case No. 262 of 2021 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District and Sessions Judge-
4th, Araria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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